It's the same way we trust OpenAI to not train on our data if we've opted out although there is no control on whether they can retain the data indefinitely.
And even if they dont train on the data. Who guarantees us, they dont let another AI model analyse all the data, exfiltrating all kinds of intelligence and using it? I only can imagine what OpenAI and Anthropic know….
And just like that, I totally agree with you
There are several components of the Fair Use test, "transformation" is just one of them. The most important dimension is the effect on the market, i.e. the effect on incentives.
You probably shouldn't base your legal analysis on pithy internet comments regardless of how succinct or agreeable they are to you.
"Copyright violation" is what we call the set of things that destroy the incentive for people to create original work by unduly benefitting from someone else's original work.
Ask yourself
1. How would you know the provider has violated the contract?
2. How could you prove it?
3. Why would OpenRouter take your side in this (unlike your example with OpenAI, you're not a signing party)?
4. How would OpenRouter enforce the contract after all three above are somehow resolved in your favor?
IANAL, but IMO it's all a legal theater.
EDIT: formatting