That applies to both sides though: people arguing that machine learning should not be treated like human learning often justify it with "ML models aren't people, they're software on a computer". But that argument is also missing the point, and invites this kind of philosophical discussion. The essence of the matter is that there is no high-level principle involved - humans get special treatment because humans write the law. So we can legally round all machine learning down to "zipping a folder full of JPEGs" for pragmatic reasons, and get away with it until we actually create sentient AIs and recognize them as people.

(Which, knowing history and observing how we treat animals, will happen only when the sentient AIs coerce us to recognize them, through violence or the threat of it...)