German TDM decision

Is the creation of a dataset that can be used to train generative AI systems (GenAI systems) an infringement of copyright?  According to a recent decision of a German court, the activity  may be covered by the text and data mining (TDM) exception in Articles 3 and 4 of the Digital Single Market Directive  (EU) 2019/790. The decision is an important one. However, it leaves many questions unanswered including whether using such a dataset for training a GenAI system would be infringing.…