> or should we still give preference to humans? If we should, why should we?
Because of the scaling abilities of a human brain, you cannot plug more brains into a building to pump out massive amounts of transformative work, it requires a lot for humans to be able to do it which creates a natural limit to the scale it's possible.
Scale and degree matter even if the process is 100% analogous to how humans do it, the natural limitation for computers to do it is only compute, which requires some physical server space, and electricity, both of which can be minimised with further technological advances. This completely changes the foundation of the concept for "transformative work" which before required a human being.
This is a good observation, and motivates adjusting the legal definition of "transformative" even if the previous definition did include what generative AI systems can now do.