What? I don't think I made any claim of the sort. I'm claiming that it does more than mere regurgitation and has done some amount of abstraction, not that it has human-level understanding. As an example, GPT-3 learned some arithmetic and can solve basic math problems not in its training set. This is beyond pattern matching and replication, IMO.
I'm not really sure why we should consider Copilot legally different from a fancy pen – if you use it to write infringing code then that's infringement by the user, not the pen. This leaves the practical question of how often it will do so, and my impression is that it's not often.