I see this type of reduction again and again to advocate for one position or another relating to ML. Human consciousness and thought processes aren’t “just” anything (math, electrical impulses, etc.) — the fact is, we don’t know what the brain really does and how it’s connected to our conscious experience, or even what that is!
Deep learning is very powerful and impressive in its applications to date. However, it’s so saturated with hype (and humans are so prone to anthropomorphizing things) that it’s often viewed as something much more profound than it actually is. Neural networks, despite their name, don’t model the brain. And they lack a whole array of “intelligence” features that humans possess and use constantly.
All of this is to say that there are very significant differences between computer algorithms and human cognition, and I tend to think the legal system will be unpersuaded by arguments that ignore those differences.
Also, this is to say nothing of the public policy interests that shape the law. Regardless of what’s “under the hood,” the law can simply treat human and machine output differently. I’m not a copyright lawyer, of course, so I can’t speak to the norms or technicalities of copyright law itself.