This doesn't seem that human: https://www.theregister.com/2023/12/01/chatgpt_poetry_ai/
How far removed is that from: Did you really name your son "Robert'); DROP TABLE Students;--" ?
I think that these issues probalisticly look like "human behavior", but they are leftover software bugs that have no been resolved by the alignment process.
> unless the operator holds unambiguous rights to all the data used for training...
So on the opposite end of the spectrum is this: https://www.techdirt.com/2007/10/16/once-again-with-feeling-...
Turning a lot of works into a vector space might transform them from "copyrightable work" to "facts about the connectivity of words". Does extracting the statistical value of a copyright work transform it? Is the statistical value intrinsic to the work or to language in general (the function of LLM's implies the latter).