The difference here is that an LLM is a mechanical process. It may not be deterministic (at least, in a way that my brain understands determinism), but it's still a machine.
What you're proposing is considering LLMs to be equal to humans when considering how original works are created. You could make the argument that LLM training data is no different from a human "training" themself over a lifetime of consuming content, but that's a philosophical argument that is at odds with our current legal understanding of copyright law.
What you're proposing is considering LLMs to be equal to humans when considering how original works are created. You could make the argument that LLM training data is no different from a human "training" themself over a lifetime of consuming content, but that's a philosophical argument that is at odds with our current legal understanding of copyright law.