When are the obligations in "Notice" triggered?

[mswilson]

Apologies if the question is worded clumsily. I am not a lawyer, but I have dealt with the complexities at the intersection of software, data, redistribution, and licenses for quite a long time. I am only providing comments speaking for myself, as an individual.

It's hard for me to tell if this instrument would likely be evaluated under copyright law, or contract law, or something else because (in part) of the use of flipped form. This license is giving permission to do anything that would otherwise infringe on the licensor's rights, and the "if any" is silent.

Because this instrument does not assert what exclusive rights may be applicable, I think it will be difficult for a licensee to evaluate their obligations under Notice, because they will not know enough about what constitutes "a manner that requires the license granted above" (in particular, what exclusive rights are asserted by the licensor, and therefore licensed by this instrument).

If the element being licensed is a savepoint produced in the process of training a model (often called "weights" by practitioners), it is not clear to me that the producer is granted exclusive rights under copyright in that specific element, so they cannot license exclusive rights provided by copyright law.

More generally, I'm concerned that by suggesting that a copyright license is needed to make such material available, the user of the legal instrument may believe they actually have a copyright interest (or other IP interests) in the material merely due to the effort and resources that went into producing it.

And (at least in the US), copyright doesn't reward effort, it rewards creativity.