I mostly agree with you, but if a human straight up copies work under copyright they’re violating the law. Seems like a LLM should be held to the same standard unless they should be even less beholden to the law than people.

It’s also incredibly hard to tell if a LLM copied something since you can’t ask it in court and it probably can’t even tell you if it did.

Not true. That's philosophical skepticism and was roundly refuted long ago.