> Well, yes. "It hasn't been tried in court yet" is not the same as "Precedent says this is explicitly allowed".

Please read my comment carefully, without simply assuming I must be on AI companies' side. I'm covering two exhaustive, mutually exclusive cases. In both cases I think your license does nothing, compared to a normal MIT license.

> they've already indicated that they know what the outcome is going to be

I agree with you! But even in the case where they are in the wrong, they are already in the wrong with a standard MIT license!

And in the other case: fair use trumps the license text. That's the point of it!