> it isn't clear how/if llm is different from the brain
It's very clear: the one is a box full of electronics, the other is part of the central nervous system of a human being.
> but we all have training by looking at copywrited source code at some time.
That may be so, but not usually the copyrighted source code that we are trying to reproduce. And that's the bit that matters.
You can attempt to whitewash it but at its core it is copyright infringement and the creation of derived works.
> but we all have training by looking at copywrited[sic] source code at some time.
The single word "training" is here being used to describe two very different processes; what an LLM does with text during training is at basically every step fundamentally distinct from what a human does with text.
Word embedding and gradient descent just aren't anything at all like reading text!