> It's very obvious from enormous numbers of examples that current AI systems are capable of learning much more abstract features of human culture
This doesn't seem to translate well to code. You can't copyright 'rembrandt's style', which is what dall-e and co learn from analysing those paintings. But what copilot gives you is a sizable chunk of code. That code is (mostly) exactingly precise: It's not like the AI learned a style and recreates the style. It learns what you intended to do and then verbatim copies a code chunk in. I'm pretty sure the AI part comes in to determine what it is you were likely trying to do, so that it knows which code to copy. Not to generate the code out of the AI model. At least, that's how I understand it works.
That is the fundamental difference.
> OK, if you said "what word comes next? MR. AND MRS. DURSLEY OF NUMBER FOUR PRIVET DRIVE WERE PROUD TO SAY" ... same thing
Let the AI fill in the rest of that sentence and we can debate whether that is copyright infringement or not. However, if the AI system is capable of finishing that sentence, it can presumably fairly trivially be asked a slightly different question. Instead of 'finish the sentence', how about: "Suggest the next likely sentence". That system would presumably generate the next exact sentence straight from the book, and keep going and - voila you recreated the entire book.
Which is clearly copyright infringement.
AI systems have a 'volume dial' to configure how much they mix and match. Turn it down low enough and asking DALL-E for 'a girl with a blue bandana and an earring in the style of Vermeer' will just give you a copy of Girl with the Pearl Earring, reproduced sufficiently accurately that it's trivially a copyright infringement (let's leave out the notion that the painting has moved past its copyright date of course).
Point is, for copilot, the volume dial has to be kept extremely low, because you can't just mash 5000 snippets together, unless those snippets are identical. Which is its own intriguing copyright infringement conundrum (500 artists each individually paint the same thing, and they can each prove they weren't influenced by the others, thus, not copyright infringement. Then, you reproduce the averaging of the 500, which results in yet another painting. Did you just infringe copyright? Surely the answer is 'yes', but whose copyright did you infringe? All of them? Is it 'yes'?)