My point is that if there is a prompt that results in a picture that is a nearly identical copy, the average jury member is going to think "yep, that's a copy".
Trying to explain how that "isn't really a copy" by explaining AI concepts isn't going to win the day, not when they can SEE the copy.
If the textual description in and of itself is already "not a copy", though, the question of whether the image produced from that textual description is a copy shouldn't arise, no? It's not like the jury is ruling on random questions; they're going to give answers to whatever the judge puts in front of them.
Trying to explain how that "isn't really a copy" by explaining AI concepts isn't going to win the day, not when they can SEE the copy.