You can absolutely compare AI with students. The problem is that, legally, in many western countries students still have to pay copyright holders of the books they use to learn.
It is purely a copyright discussion. How far copyright applies? Shall the law distinguish between human learning and machine learning? Can we retroactively change copyright of material available online?
For instance, copilot is more at risk than a LLM that learned from 4chan, because licenses are clearer there. Problem is that we have no idea on which data big llms were trained, to know if some copyright law already applies.
At the end it is just a legal dispute on companies making money out of AI trained on data publicly available (but not necessarily copyright free).