2) the value of machine learning training on any one particular piece of source code also approaches zero
If a model replaces a business case for software you were giving away for free, how are you financially harmed? Even if you won a lawsuit you can't demonstrate any financial impact of software you give away for free.
Open source software is famously not costless (gratis) software, so the premise of the argument is false. I may for instance benefit from people using my software and then obtaining paid support from me, or using paid add-ons (the "open core" model).
2) the value of machine learning training on any one particular piece of source code also approaches zero
If a model replaces a business case for software you were giving away for free, how are you financially harmed? Even if you won a lawsuit you can't demonstrate any financial impact of software you give away for free.