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From the article:
Also, in 2022, several unidentified developers sued OpenAI and GitHub based on claims that the organizations used publicly posted programming code to train generative models in violation of software licensing terms
They can argue about it not being a copy all they want. If there is a single GPL licenced line of code scraped then anything they produce is a derivative work & must be licenced GPL.
nice.
1: yes
2: Normally derivative works are patched or modified versions of the original. I think the common English meaning would apply & chatGPT et al are fucked. I doubt there is a precedent for this yet.