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‘Impossible’ to create AI tools like ChatGPT without copyrighted material, OpenAI says
(www.theguardian.com)
This is a most excellent place for technology news and articles.
You're comparing something humans often do subconsciously to a machine that was programmed to do that. Unless you're arguing that intent doesn't matter ~~(pretty much every judge in America will tell you it does)~~ then we're talking about 2 completely different things.
Edit: Disregard the struck out portion of my comment. Apparently I don't know shit about law. My point is that comparing a a quirk of human psychology to the strict programming of a machine is a false equivalency.