And as said they didn’t “train chat GPT on a piracy site” the scraping algorithm put some stuff form there in the training data. There is no person doing that.
"Your honour my program that I created to slurp up data from the internet using my paid for internet connection, into my AI trained model that I own and control happened to slurp up copyrighted data.. I um, it's not my fault it slurped up copyrighted data even though I put no checks in place for it to check what it was slurping up or from where."
That is the argument you are putting forth.
Do you think any judge/court of law would view that favourably?
You're contradicting yourself.
In one sentence you say it doesn't memorize (with "reasonable effort") then in the next you admit it does.
"Reasonable effort" is weasel wording.
Make up your mind.