Critics argue AI lacks human right to learn in copyright defense

Legal scholars and critics are challenging the prevailing fair use defense for AI training by arguing that artificial intelligence lacks the fundamental human right to learn. While tech companies contend that model training mirrors human cognitive processes, opponents assert this analogy fails legally because copyright exceptions for education apply exclusively to persons. Current jurisprudence protects human learning as a societal good even when transformative use is marginal, but no equivalent legal framework exists for non-human entities. This distinction suggests that reworking copyrighted material may be lawful for students yet infringing for algorithms. Consequently, courts may reject the "learning" defense absent new legislation granting AI specific educational privileges. This argument shifts the debate from technical transformativeness to the ontological status of the learner.