Comment by close04
> A human with a great memory
This kind of argument keeps popping up usually to justify why training LLMs on protected material is fair, and why their output is fair. It's always used in a super selective way, never accounting for confounding factors, just because superficially it sort of supports that idea.
Exceptional humans are exceptional, rare. When they learn, or create something new based on prior knowledge, or just reproduce the original they do it with human limitations and timescales. Laws account for these limitations but still draw lines for when some of this behavior is not permitted.
The law didn't account for a computer "software" that can ingest the entirety of human creation that no human could ever do, then reproduce the original or create an endless number of variations in a blink of an eye.
Nobody in real life thinks humans and machines are the same thing and actually believes they should have the same legal status. The A.I. enthusiast would not support the legality of shooting them when no longer useful the way a company would shred an old hard drive.
This supposed failure to see the difference between the human mind and a machine whenever someone brings up copyright is peformative and disingenuous.