Would you, after devoting full years of your adult life to the unpaid work of learning the requisite advanced math and computer science needed to develop such a model, like to spend years more of your life to develop a generative AI model without compensation? Within the US, it is legal to use public text for commercial purposes without any need to obtain a permit. Developers of such models deserve to be paid, just like any other workers, and that doesn’t happen unless either we make AI a utility (or something similar) and funnel tax dollars into it or the company charges for the product so it can pay its employees.
I wholeheartedly agree that AI shouldn’t be trained on copyrighted, private, or any other works outside of the public domain. I think that OpenAI’s use of nonpublic material was illegal and unethical, and that they should be legally obligated to scrap their entire model and train another one from legal material. But developers deserve to be paid for their labor and time, and that requires the company that employs them to make money somehow.