It shouldn't matter if the copyright holder agreed to it directly, if they've published the original code under an open source license. Since open source licenses all allow people to use the code for "whatever"
Even GPL doesn't (yet) include a clause saying the code can't be used to train AI unless the AI itself is open source
> Since open source licenses all allow people to use the code for "whatever"
That's not what they allow for, and copyright being a 'right' it allows you to pass those rights on to others and to retain some for yourself. If not explicitly passed on the right still rests with the original author, plenty of precedent for that.
To take an example: someone who used MIT licensed code but doesn't reproduce the license.
Therefore isn't following the terms of the copyright grant, ergo doesn't have a license for use, ergo is violating copyright.
Now what does that look like when I take 100 different open source licenses, including MIT, put them in a GPT blender, and then productize my output without following any of the licenses?
... makes you think there might be a legal component to why OpenAI switched to a SaaS model. Although believe they'd still be in hot water over any AGPL et al. code.
Even GPL doesn't (yet) include a clause saying the code can't be used to train AI unless the AI itself is open source