You're completely correct in your two points, however people _do_ regularly assert that LLMs cannot possibly generate anything novel: "they are just regurgitating and recombining the original".
I mean, sure. But so am I (in what is likely a far more advanced manner, but still). I also find it somewhat funny that I am also partially trained on stolen data without permission. I also jaywalk occasionally (perhaps I am trivializing the topic too much, but show me a researcher who hasn't _once_ downloaded a paper they really needed, in less than perfectly legal ways).
Human time is valuable, LLM time is not. If you spend hundreds of hours creating something, nobody should have the right to copy (verbatim or with automatic modifications) it unless you allow them.
Human rights are valuable. LLMs allow laundering GPL code (removing both attribution and users' rights to inspect and modify the code). Free software cannot compete against proprietary in a world where making a copy is trivial but proving it's a copy is nearly impossible.
I mean, sure. But so am I (in what is likely a far more advanced manner, but still). I also find it somewhat funny that I am also partially trained on stolen data without permission. I also jaywalk occasionally (perhaps I am trivializing the topic too much, but show me a researcher who hasn't _once_ downloaded a paper they really needed, in less than perfectly legal ways).