A hypothetical question: imagine a filmmaker, who had studied a lot of obviously copyrighted movies by famous renowned directors. This means he has trained his neural network using their copyrighted licensed content. Does he breach copyright when he composes and films a scene? Are visual quotes copyright theft? Homages? Did George Lucas infringe copyright when he was borrowing compositions from "Triumph of the will"?
Just because machine learning uses the word “learning” doesn’t mean it “learns” in the same way a human mind does — that analogy is doing a lot of load bearing in your argument, and needs proving why the program’s nature of creative remixing (for lack of a better word) is the same as a human’s. Right now it seems like you’re just reusing the same word for two phenomena we don’t understand, and therefore claiming they…
If I ask Stable Diffusion to create a picture of Elon Musk wielding lightnings and riding a giant blue sparrow over a desert during a storm, the result would be more creative than what could be produced by most humans. I believe that counts as a proof.