Humans, animals, hardware and software are treated differently by law because they have different constraints and capabilities.
Let's be real, Humans have special treatment (more special than animals as we can eat and slaughter animals but not other humans) because WE created the law to serve humans.
So in terms of being fair across the board LLMs are no different. But there's no harm in giving ourselves special treatment.
Why should "fair" factor into it? The LLMs are not humans, thus they have no rights, and treating them fairly shouldn't come into it. Stop anthropomorphizing linear algebra ffs.