I think an important distinction here is distribution... did you tell someone else what you memorized? Is downloading a model akin to distributing that same information?
What if I don't download the model and I just communicate with it. Sort of like chatting with another human. That's not a copyright issue right? I mean that's how most LLMs are deployed today.
So if I or an LLM simply doesn’t allow said extraction to occur, memorization and copying is not against the law.