I’m not arguing that the IA is right or wrong here.

The point more generally is that there’s an asymmetry in how people are thinking about these issues, and to highlight that asymmetry.

If it turns out after various lawsuits shake out that LLMs as they currently exist are actually entirely legal, there’s a case to be made that the criteria for establishing fair use is quite broken. In a world where the IA gets in legal trouble for interpreting existing rules too broadly, it seems entirely unjust that LLM companies would get off scott free for doing something arguably far worse from some perspectives.