Is it not viable to produce a work of art and say that this is free for humans, but not for bots and cannot be used for training and said violation cost X?
Again, I can't copy and distribute a game Microsoft rents to me. But if I do I can be found held accountable for a ridiculous amount of money. If it's my work of art the terms can dictate who doesn't need to pay and who does. If an LLM is consuming my work of art and now distributing it within their user base how is that not the same?
These are arguments you would tell the judge. And the judge would almost certainly tell you 'this is the wrong venue for that. You are in small claims. I need an itemized list of monetary damages you have suffered before I can make a judgement.'
Again, I can't copy and distribute a game Microsoft rents to me. But if I do I can be found held accountable for a ridiculous amount of money. If it's my work of art the terms can dictate who doesn't need to pay and who does. If an LLM is consuming my work of art and now distributing it within their user base how is that not the same?