The creator of ChatGPT is sentient. Why couldn’t it be said that this is their expression of the learned works?
I’ve glanced at these a few times now and there are a lot of if ands and buts in there.
I’m not understanding how an AI itself infringes on the copyright as it has to be directed in its creation at this point (GPT specifically). How is that any different than me using a program that will find a specific piece of text and copy it for use in my own document. In that case the document would be presented by me and thus I would be infringing not the software. AI (for the time being) are simply software and incapable of infringement. And suing a company who makes the AI simply because they used data to train its software is not infringement as the works are not copied verbatim from their original source unless specifically requested by the user. That would put the infringement on the user.
There’s a bit more nuance to your example. The company is liable for building a tool that allows plagiarism to happen. That’s not down to how people are using it, that’s just what the tool does.