The issue becomes there's little to no way to tell the difference between the two.
Additionally, if human summaries aren't copyright infringement, you can train LLMs on things such as the Wikipedia summaries. In this situation, they're still able to output "mechanical" summaries - are those legal?
> The issue becomes there's little to no way to tell the difference between the two.
If you and I write the exact same sentence, but we can prove that we did not know each other or have inspiration from each other, we both get unique copyright over the same sentence.
It has never been possible to tell the copyright status of a work without knowing who made it and what they knew when they made it.
Additionally, if human summaries aren't copyright infringement, you can train LLMs on things such as the Wikipedia summaries. In this situation, they're still able to output "mechanical" summaries - are those legal?