Now we start suing OpenAI into oblivion for copyright infringement (uhhh) when it has trained on text that is under copyright... like artists are doing to Stable Diffusion.
However I believe Art belongs under copyright. It us not functional - our society does not fall apart is a famous piece of art is lost.
However our society does fall apart when key piece of technology is lost, thats why Patents have all these safeguards. Code is functional technology, it is not merely artistic.