So either we carve out an explicit exception that machines aren’t allowed to do things that are remarkably similar to what humans do… which would be a massive setback for AI in the US.
Or we agree that generative models are subject to the same rules that humans are — they can’t commit copyright infringement, but are able to appropriately consume copyrighted material that a human would be able to consume.
The second option seems to me to be much simpler, nicer, and more appropriate than the first.