If I read Harry Potter I will remember some parts verbatim. Others I will tecall in only an abridged and lossy way.
Does that make my brain copyright infringement? Does Disney now own all my output forever because some small part of me now has Harry Potter embedded?
Does the law really not distinguish between mechanical processing of data, and humans learning from it? It seems surprising to be if every person who read a textbook is copyright infringing. It also seems surprising if something like a lossy compression algorithm is enough to protect you from copyright law.
Somewhere between the two a line must be drawn… where we’d want to put that line, I guess, if up for quibbling. But it doesn’t seem obvious to me.
If you write out the parts or recite them for other people to hear, yes it's copyright infringement.
Humans reading or watching copyrighted material isn't considered "making a copy" for the purposes of copyright law. Machines doing so generally is.
Further, why has my brain's searing remake of Snow White as a gritty murder mystery gone unscathed by Disney lawyers? Surely their negligence has diluted the Snow White trademark!
This analogy is disingenuous because by comparing the human brain to the machine, it ignores _scale_. Scale is absolutely important in copyright law. As a matter of fact, copyright law is among the various profound impacts of the---wait for it---printing press, a _machine_ for the mass production of books.
yes it is if you write it down from memory and sell it. Exactly what LLM companies do
Can you remember every part? Can you do this for every book in a library? Can you remember all that forever?
If you just ignore anything that's inconvenient for your argument, you can make any argument you want.