Honestly, it extends beyond creative works.

OpenAI should not be held back from subscribing to a research publication, or buying college textbooks, etc. As long as the original works are not reproduced and the underlying concepts are applied, there are no intellectual property issues. You can't even say the commercial application of the text is the issue, because I can go to school and use my knowledge to start a company.

I understand that in some select scenarios, ChatGPT has been tricked into outputting training data. Seems to me they should focus on fixing that, as it would avoid IP issues moving forward.