I'm actually pretty pro-AI (and in particular, pro-FOSS AI), so I'm pretty unhappy about this myself ;p
If nothing else, this kind of shit will mean that only the existing "Intellectual Property" holders will have access to using AI. It would entrench things even more >.<
Would commercializing the trained AI count as a commercial public performance though? The legal problems with AI don't come with the training, but when you start selling it.