I mean sure, but these are both legally defined works with licenses that govern their use. The difference is in the style of license. FOSS doesn't get a special moral valence because individuals are authors and they offer their work for editing and remixing under narrow circumstances. I mean, if Jeff Bezos today were to release code he wrote by hand with GPLv3 and were to cry foul over Copilot, I doubt anyone would care (or he'd get made fun of online.) Why does FOSS get treated so differently?