Earlier quoted context omitted.
Take a look at the decision: https://www.copyright.gov/rulings-filings/review-board/docs/... The person was still trying to get the AI marked as the owner. In fact in the application "does not assert that the Work was created with contribution from a human author" which the office acceded to but did not actually agree or disagree with. So it still says nothing about whether a human can have copyright over a image the…
A distinction without a difference, since this was just someone who was hoping to be the beneficial owner of an AI with an enforceable copyright interest. Recall the failure of the photographer who allowed monkeys to play with his camera equipment, leading one of them to take a selfie photo that became famous. The photographer asserted copyright on the basis that he had brought his camera there, befriended the monkey…
Just because the answer is no to the first doesn't mean the answer is no to the second, and the third is ever more distinct. That's why this is an open question educated lawyers make guesses about.