Machine learning and LLMs isn’t the only way to do AI though. (though your second point I do kinda agree with)

An AI model could be seen as an efficient but lossy compression scheme, especially when it comes to images… And a compressed jpeg of an image is still seen as a copy so why would an AI model trained on reproducing it be different?

Say that to the library of Alexandria.

Anything that looks realistic should be illegal if you ask me as otherwise it would become harder to prosecuting real child porn. “Oh that picture is just modified with AI” could be hard to dissprove…