the crazy part is the blacklist is going to become an absolute gold mine to train these models, and any existing revenue stream would be blown out of the water if they were go this route. They definitely need to make it explicitly clear that in no way would any of this material ever be sold or utilized to train any sort of model.

well that's the issue right? There are two types of writers submitting to BLKLST: non-WGA trying to break in, and WGA. Non-WGA writers aren't covered by collective bargaining agreements, and their ToS / Privacy Policy language does not explicitly state that they won't. Nor is the service in and of itself covered by the WGA agreement I imagine, it's more that in order to maintain a good working relationship with the guild and its writers, it simply won't. In court, it wouldn't matter because the BLKLST ToS is a contract between the user and the service, not the user's guild and the service.

There's nothing inherently stopping them from doing it. They just don't want to bite the hand that feeds them.

That said, money talks. There's nothing stopping a studio from buying BLKLST out, getting all of that BLKLST owned IP, which anything pre-2023 it would effectively now own, and market is as a direct line to the studios (who would turn around and feed every script into a LLM).

Personally, after reading through the new agreement, I don't think it went far enough to manage how AI is going to be used. It's still a bit open-ended and leaves open too many potential loopholes.