My position is mostly based not on code but on text, as in natural language processing there is a similar but much older situation of models being trained on copyright-protected work, the interests of researchers and publishers obviously differ, and at least currently (laws do change) the legal position is that publishers' requirements can be (and are) ignored, as models can be trained on these texts without their permission and even after their explicit objections / cease and desist requests. And a BSD or GPL or some other license can't do anything more restrictive than the book "license" of "all rights reserved, we don't grant you any permissions".