What's missing is that the billion-dollar value is based on the expectation of exploiting the employees/customers/environment to achieve profit in the future.
That's why they're so keen to build out all these data centers; the massive capex is their only conceivable moat. Whether all those additional parameters actually make a competitive difference is still an open question.
The burden of proof is completely uncharted when it comes to LLMs. Burden of proof is assigned by court precedent, not the Copyright Act itself (in US law). Meaning, a court looking at a case like this could (should) see the use of an LLM trained on the copyrighted work as a distinguishing factor that shifts the burden to the defense. As a matter of public policy, it's not great if infringers can use the poor accountability properties of LLMs to hide from the consequences of illegally redistributing copyrighted works.
It's gotten ok now. Just spent a day with Claude for the first time in a while. Demanded strict TDD and implemented one test at a time. Might have been faster, hard to say for sure. Result was good.