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My understanding is that the AI developers ‘train’ AI by feeding it tons of published songs and it learns from that. It’s proprietary, so the developers are not disclosing their sampling method. Lawyers will get involved eventually when someone brings a case that opens AI companies to inspection. Absent that, we might never know where AI is sampling from.
That is plausible.
It's only shortcoming may be a stepped-back view that applies common sense and morality.
Common sense goes away when lawyers arguments start. Morality dictates that people should not steal. But we live in a society where many wealthy immoral people have great sway over the "law makers."
I suspect that a lot of money has already been invested by the AI guys in attorneys in order to research a defensible position.
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