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The "software" part of an LLM is pretty trivial -- the interesting piece is the the weights. Since the weights are mechanically generated by a computer, it can be argued that the weights are not copyrightable, just like a photograph taken by a monkey isn't copyrightable.

The software is the matrix multiplication and gradient descent. We are talking about the numbers in the matrices. They are the output of a training algorithm, so we can only talk about the copyright on the training algorithm, and on its input data.

The model weights could be seen as a derived work, for which they didn't get the permission of the original copyright holders. Alternatively, it can be argued that the LLMs are no different than a fanfic writer trying to imitate the style of their favor author.

It's not obvious which way it will go, but I can see the point of those arguing that LLM data are ill-gotten gains.

For the same reason that phone books cannot have copyright.