Technology

That was your implied argument regardless of intent.

I decide what my argument is, thank you very much. Your interpretation of it is outside of my control, and while I might try to avoid it from going astray, I cannot stop it from doing so, that's on you.

Completely wrong, which invalidates the point you want to make. “Analysis” and “as is” have no place in the definition of copyright infringement. A derivative work can be very different from the original material, and how you created the derivative work, including whether you performed whatever you think “analysis” means, is generally irrelevant.

I wasn't giving a definition of copyright infringement, since that depends on the jurisdiction, and since you and I aren't in the same one most likely, that's nothing I would argue for to begin with. In the most basic form of plagiarism, people do so to avoid doing the effort of transformation. More complex forms of plagiarism might involve some transformation, but still try to capture the expression of the original, instead of the ideas. Analysis is definitely relevant, since to create a work that does not infringe on copyright, you generally can take ideas from a copyrighted work, but not the expression of those ideas. If a new work is based on just those ideas (and preferably mixes it with new ideas), it generally doesn't infringe on copyright. It's why there are so many copycat products of everything you can think of, that aren't copyright infringing.

No it detects patterns. You already said it correctly above. And the problem is that some patterns can be copyrighted. That’s exactly the problem highlighted here and here. For copyright law, it doesn’t matter if, for example, that particular image of Mario is copied verbatim from the training data.

While depending on your definition Mario could be a sufficiently complex pattern, that's not the definition I'm using. Mario isn't a pattern, it's an expression of multiple patterns. Patterns like "an italian man", "a big moustache", "a red rounded hat with the letter 'M' in a white circle", "overalls". You can use any of those patterns in a new non-infringing work, Nintendo has no copyright on any of those patterns. But bring them all together in one place again without adding new patterns, and you will have infringed on the expression of Mario. If you give many images of Mario to the AI it might be able to understand that those patterns together are some sort of "Mario-ness" pattern, but it can still separate them from each other since you aren't just showing it Mario, but also other images that have these same patterns in different expressions.

Mario's likeness isn't in the model, but it's patterns are. And if an unethical user of the AI wants to prompt it for those specific patterns to be surprised they get Mario, or something close enough to be substantially similar, that's on them, and it will be infringing just like drawing and selling a copy of Mario without Nintendo's approval is now.

The character likeness, which is encoded in the model because it is in fact a discernible pattern, is an infringement.

You have absolutely no legal basis to claim they are infringement, as these things simply have not been settled in court. You can be of the opinion that they are infringement, but your opinion isn't the same as law. The articles you showed are also simply reporting and speculating on the lawsuits that are pending.