Part of the law is that the infringer has to have had access to the work that he/she is accused of "stealing"
An Algorithm has no access and could have never heard the work in question..
An Algorithm has no access and could have never heard the work in question..
Sure he can have access, but looking at the algorithm you can prove without a doubt that the algorithm couldn't have access to it.
> If I copy a song, I can't say that the tool I used didn't have access as a defense because that makes no sense.
You could have given access to the song to the tools that you used though.