> Following the same logic, is there a fair difference between pure training and reoffering?
This is the kind of hair-splitting that I was trying to avoid (because, at the end of the day, there is no functional difference, is md5 okay, maybe Markov chains, just a very simple one-layer perceptron?). Once you take someone's copyrighted work and you do anything with it without consent, you're breaking some implicit trust.
However, obviously there's a lot of tension here: free speech. transformed works, copyright owners, profit making, etc., etc. That's why I don't think it's really that important to exactly figure out what consent was broken and when, but rather it's important to be forward-looking and plan for what might come next.