Can it do so more than a human can?
I think that's the key here. If an AI is no more precise than a human telling you about the news article they read today then ChatGPT learning process probably can't be morally called copying.
Feeding someone else data into your system is usually a violation of copyright. Even if you have a very "smart" system, trying to transform and obfuscate the original data.
In some circumstances, yes, but often it's not, especially if you're not continuing to store and use it (which OpenAI isn't).
So I'm a living breathing copyright violator. As a person I should be banned.
Fortunately, copyright is a bullshit fictitious right with no basis in natural law. So I don't lose much sleep over it.
The court could ask to show the training dataset.
And if OpenAI were selling the reproductions, that would be infringement. But that's not what's happening here. It's selling access to a system that can do countless things.