If you squint at the GPL then you could argue that every LLM is already under it, because it's a viral license and there's almost certainly some GPL code in there somewhere. I'm sure the AI companies would beg to differ though, they want a one-way street where there's zero restrictions on IP going into models, but they can dictate whatever restrictions they like on the resulting model, derived models, and model output.
I hope one of the big proprietary models leaks one day so we get to see OpenAI or Google tie themselves in knots to argue that training on libgen is fine, but distilling a leaked copy of GPT or Gemini warrants death by firing squad.
I think the courts were pretty clear, prove damages. I'm not saying I agree in any capacity, but the AI companies went to court, and it appears they've already won.
The hope is that we can out the onus on them to start suing people or whatever, at least. The US legal system is biased toward whoever has the biggest budget of course, but the defense still gets a little bit of advantage as well.
I hope one of the big proprietary models leaks one day so we get to see OpenAI or Google tie themselves in knots to argue that training on libgen is fine, but distilling a leaked copy of GPT or Gemini warrants death by firing squad.