At very best the LLM output is not actually copyrightable but it is being distributed as if it were GPLv2 and it's fraudulent to distribute on that basis. At worst it actually carries copyright from contributors and it will have to be removed and replaced later. Any project allowing AI code contributions is creating a minefield. It is just an absolute dogshit plan to accept them for this reason alone and I absolutely hate that this is happening to Linux.
That's an interesting point. I can see how companies might register this as a risk, and avoid it on that basis, even if the legal conclusions have not yet arrived.
To clarify, when you describe LLM output as copyrightable, are you implying the copyright holder is the LLM provider, or the owners of the original training data?
In discussions of copyright on this topic, the theme is usually a complaint about LLMs being trained on data created by humans, without the permission of those humans. They might have a case here, although (a) it would be a difficult one to unravel, and (b) since the LLMs generally do not reproduce raw training data verbatim, they arguably only violate copyright as much as humans do when they read a lot, digest that information, and then compose something "new".
But if - as you may be suggesting - the AI companies might decide that they are copyright owners of LLM output, then we are presented with a different kettle of fish. I wonder if any of the small print that comes with those models implies that... It sounds difficult to enforce - being so widespread, especially retrospectively, and difficult to prove. But I agree, a risk is a risk, and companies often avoid that sort of risk regardless of the rights and wrongs.