Re-quoting the section the parent comment included from this agreement:
> > GPAI model providers need to establish reasonable copyright measures to mitigate the risk that a downstream system or application into which a model is integrated generates copyright-infringing outputs, including through avoiding overfitting of their GPAI model. Where a GPAI model is provided to another entity, providers are encouraged to make the conclusion or validity of the contractual provision of the model dependent upon a promise of that entity to take appropriate measures to avoid the repeated generation of output that is identical or recognisably similar to protected works.
It sounds to me like an LLM you describe would be covered if they people distributing it put in a clause in the license saying that people can't do that.
Yes, it is covered technically. But practically nobody knows what is infringing in the non-literal infringement case. It all depends on the judge and context. Was this idea sufficiently original or was it a necessity, or a generic pattern? Each level of abstraction can get protection from copyright. You can only know if you sue/get sued.
I find non-literal copyrights (total concept and feel, abstraction filtration comparison/AFC) to be a perverse way to interpret "protected expression" as "protected abstraction". It is a betrayal of future creative activities to prop up the past ones.
> > GPAI model providers need to establish reasonable copyright measures to mitigate the risk that a downstream system or application into which a model is integrated generates copyright-infringing outputs, including through avoiding overfitting of their GPAI model. Where a GPAI model is provided to another entity, providers are encouraged to make the conclusion or validity of the contractual provision of the model dependent upon a promise of that entity to take appropriate measures to avoid the repeated generation of output that is identical or recognisably similar to protected works.
It sounds to me like an LLM you describe would be covered if they people distributing it put in a clause in the license saying that people can't do that.