that's only half of it, the half that's been litigated via Xerox and Betamax, no - the manufacturer is not liable for what end users do with their product.
But what Xerox and Sony didn't do to build their machines is pirate everything they could get their hands on as a part of the manufacturing process.
Who says OpenAI pirated it? Unless the content was pirated in the first place simply showing it to an LLM is just like letting your friend borrow your book.
When Google crawls websites to build a search index, we don’t expect Google to pay royalties… all these analogies at least demonstrate that copyright is impossible to apply consistently and our notions about what’s fair are wholly subjective.
But what Xerox and Sony didn't do to build their machines is pirate everything they could get their hands on as a part of the manufacturing process.