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You could always type it over and say you've recreated it, but that also didn't fly. Why would overfitting a machine learning algorithm on the data and then having it predict next tokens be any different?
Because machine learning is already basically a mass copyright infringement. The training data contains copyrighted material. The model is clearly a derivative of the training data. The output is clearly a derivative of the model. Yet somehow, it's legal (probably because they can afford good lawyers).