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Ok, but what if in the future I could guarantee that my generative model was not trained on the work I want to replicate. Like say X library is the only library in town for some task, but it has a restrictive license. Can I use a model that was guaranteed not trained on X to generate a new library Z that competes with X with a more permissive license? What if someone looks and finds a lot of similarities?

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I wish you luck proving it wasn't trained on the original library or any work that infringed itself.

I think there could be a market for "permissive/open models" in the future where a company specifically makes LLM models that are trained on a large corpus of public domain or permissively licensed text/code only and you can prove it by downloading the corpus yourself and reproducing the exact same model if desired. Proving that all MIT licensed code is non-infringing is probably impossible though at that point copyright law is meaningless because everyone would be in violation if you dig deep enough.

This is what Adobe ostensibly is trying to do with their GenAI image model, Firefly.

https://en.wikipedia.org/wiki/Adobe_Firefly

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