

If the penalty is a fine, then for most it’s just the cost of doing business. I agree that the 50% is probably a bit harsh, but executive boards and CEOs must start facing real consequences like jail time or painful fines that make it impossible to just ignore it - so it has to be based of a percentage of revenue at least in the double digits, not profits or a fixed amount.
when disney wins there will be nothing left to sue, with the result that now the entertainment industry, which has the available training data, will also have the AI technology, and the only one who profits is disney - because in this situation all open source GenAI is fucked.