

In theory: Yes, future works are not yet part of the training data.
In practice: It takes months or years for an open source project (or any new technology) to take off and be considered valuable.
The other argument relies on said tech organization doing the right thing, and spending resources on training their own model (years and 100+ million) instead of including the cost of the lawsuit and pending fine in their cost/benefit analysis. I’m not aware that any such tech organization (with the means) exists.













I think mine was in Akihabara last year for some (dirt cheap) second hand Switch games, but besides that I have no idea where or when.