Have you read "Pierre Menard, Author of the Quixote" by Borges?
Part of the conceit of the story is that even a mechanical copy of a known work can become something else because of the inner experience of the person reproducing it. Menard's Quixote, his fictional author thought, was different because Menard knew things and lived through things that Cervantes before him didn't, and so the exact same words are injected of different connotations because of this.
It's absurd, but it explores something about authorship.
ChatGPT and AI have no inner lives, no authorial perspective, and so they cannot use this defense. In their case, a copy is truly "stolen" with no additional value.
Part of the conceit of the story is that even a mechanical copy of a known work can become something else because of the inner experience of the person reproducing it. Menard's Quixote, his fictional author thought, was different because Menard knew things and lived through things that Cervantes before him didn't, and so the exact same words are injected of different connotations because of this.
It's absurd, but it explores something about authorship.
ChatGPT and AI have no inner lives, no authorial perspective, and so they cannot use this defense. In their case, a copy is truly "stolen" with no additional value.