Reproduction of the material we agree is against the law.
A model is very obviously a derivative work, as it has 0% original content input. Under fair use law, it also very obviously fails all four tests.
Computing the letter frequency has 0% original content input, as well, but is definitely not a derivative work. Do you disagree?
Sure, but it’s not just statistics like “30% of lines contain the letter E”. It reproduces the material, sometimes verbatim.
A model is very obviously a derivative work, as it has 0% original content input. Under fair use law, it also very obviously fails all four tests.
Reproduction of the material we agree is against the law.