Nope, this is strawman and continuing to demonstrate a misunderstanding of Copyright Law. There is no such legal standard, where did you get that? If the network can reproduce a work, then it does in fact contain a latent copy. Arguing that you can’t see it by inspecting node weights is straw man. You cannot argue that you’re not copying music if you use a new compression algorithm and then suggest it’s distinct and derivative because nobody can read the raw compressed data. That’s not how Copyright Law works. If you can approximately re-perform someone else’s work, you’re in violation. This is true even if you have to run a black-box program to produce the output.
> no person even trained in the art can identify it to a specific piece of work
Ironically, you’re actually admitting that even AI researchers can’t prove the network won’t reproduce someone’s work.
The rest you seem to now be looking for a snarky gotcha, which if you don’t want to have a discussion, then I’m uninterested in discussing further. I made clear above and in a sibling comment that remixes are gray area, and this question is complicated. That said, even if AI people do acquire source material legally, they are in fact copying it and distributing it, and that part alone can potentially violate US Copyright Law. This isn’t even up for debate, so I don’t know why you’re attempting to suggest otherwise. The lawsuits mentioned in the article were brought on evidence that networks violated copyrights of specific existing works, and lots of people have found specific examples of violations.