To continue your analogy, I had to pay for Windows before I was allowed to create something with it, or acquire a license for under terms they set forth. If AI companies stopped at the public domain, then my argument wouldn't really hold up, but they didn't do that. They acquired everyone's copyrighted works without regard for the license and now they're, in the most charitable interpretation, using them to create derivative works.
And before you give me an analogy about how someone could listen to Pink Floyd and then produce works inspired by their influence yada yada: Someone is a human being with human rights, and if we're going to start pretending that training an LLM is in any way analogous to human consumption and creativity, and not an industrial process that encodes input data into a digital artifact, then let's start by saying LLMs have human rights and cannot be owned by a company that charges for access to them.
To continue your analogy, I had to pay for Windows before I was allowed to create something with it, or acquire a license for under terms they set forth. If AI companies stopped at the public domain, then my argument wouldn't really hold up, but they didn't do that. They acquired everyone's copyrighted works without regard for the license and now they're, in the most charitable interpretation, using them to create derivative works.
And before you give me an analogy about how someone could listen to Pink Floyd and then produce works inspired by their influence yada yada: Someone is a human being with human rights, and if we're going to start pretending that training an LLM is in any way analogous to human consumption and creativity, and not an industrial process that encodes input data into a digital artifact, then let's start by saying LLMs have human rights and cannot be owned by a company that charges for access to them.