[JoshTriplett]

> What's the difference between using a pencil to write something and using an LLM to write something?

The pencil is not a derivative work of a pile of copyrighted material.

> Why does one produce something copyrighted why the other doesn't?

There's existing case law that non-human entities (e.g. animals) can't create copyrightable works. And in the case of an AI LLM, the AI LLM itself is a derivative work of its training data (as evidenced by the fact that it can by default spit out training data verbatim, even if it has had after-the-fact filters added to prevent such responses).