The lack of empathy is incredibly depressing...
* Can a Copilot-like generator be trained with the GPL code of RMS? What is the license of the output?
* Can a Copilot-like generator be trained with the leaked source code of MS Windows? What is the license of the output?
But that is giving AI too much credit. As advanced as modern AI models are, they are not AGIs comparable to human cognition. I don't get the impulse to elevate/equate the output of trained AI models to that of human beings.
So any transformativity of the action should be attributed to the human and the same copyright laws would apply.
But the fact that the human looked at a bunch of Mickey Mouse pictures and gained the ability to draw Mickey Mouse does not infringe copyright because that's just potential inside their brain.
I don't think the potential inside a learning model should infringe copyright either. It's a matter of how it's used.