You can’t claim to have an entity with human-like understanding doing the coding if you don’t grant it basic human rights.
They wants to have it both ways: they want you to think the LLM is like a human because it’s “learning” (which in ML is the same word but completely different idea) so that you let them ignore copyright, but it’s not like a human of course because it can’t think, no sir (so you do not make them grant it human rights, because then they can’t exploit it like they do anymore).
Of course, the entire basis for LLMs being legal is that they use work collectively to know how code/language works and how to write it in relation to the given context. In this case, the legal defense is that the tool is like a human that learned how to code by looking at CC-BY-SA and other licensed publicly-available code and assimilating it into their own fleshy human neural network.
This only becomes shaky once you add in regurgitating code verbatim, but humans do this too, so the solution there is the copilot setting that tries to detect and revert any verbatim generated code snippets.