At some point the burden of carrying 100 year old copywriter/patent law will become so onerous a burden on the pace of progress that its enforcement will be antihuman.
It already is, but I don't think this is a good example. NYT has a legitimate case here. They own the material they publish, and GPT-4 is shown to be able to recall entire articles verbatim. That's a violation, clear as day.
The thing about lawsuits is that you make dozens of claims, and the court can rule in favor of some of them, and against others. The question of "is LLM training fair use?" hasn't made it to a high court yet. The court could very easily rule against everything else in the suit.
A photocopier can reproduce entire articles verbatim, yet no one calls for the destruction of all photocopiers. In fact, many legitimate legal uses of photocopiers to reproduce whole newspaper articles take place commonly by archivists, journalists, students, etc.
It is the specific use of article photocopies to circumvent the normal sale of newspapers that becomes illegal.. and even that is questionable. If I read the newspaper left out in a waiting room and it keeps me from buying that days paper, this is not a criminal act.
