In my view it's just categorically wrong to treat a billion dollar computer system owned by a huge tech company the same way we treat the human brain. They are simply not the same thing.
In my view it's categorically wrong to assume that these systems will cost a billion dollars forever, and if we write the laws without that understanding, we are only helping billion-dollar corporations.
In cases where these systems were trained on data that was literally stolen from closed, user-gated sites, this is one thing -- for those trained on data that was pulled from the open web, there are a number of cases relating to scraping sites that publicly make available information, and they tend to fall in favor of the scraper (see LinkedIn for a prime example).
Whether the system cost a billion dollars or not isn't the point. The point is that computer programs are categorically different to human brains because of the scale and perfect reproducibility.
In cases where these systems were trained on data that was literally stolen from closed, user-gated sites, this is one thing -- for those trained on data that was pulled from the open web, there are a number of cases relating to scraping sites that publicly make available information, and they tend to fall in favor of the scraper (see LinkedIn for a prime example).