Yes, the lack of clarity between human characteristics and machine characteristics here is problematic. For example, there are two particularly salient differen

Yes, the lack of clarity between human characteristics and machine characteristics here is problematic. For example, there are two particularly salient differences at hand: (1) the ability to make cheap digital copies of machine intelligences; (2) the rights granted to humans. This lack of clarity is emblematic of how legal mechanisms operate. Loosely speaking, in comparison with computational and philosophical approaches, the law is quite lazy at drawing distinctions. Disagreements get deferred using a pre-determined legal process. One might say the lazy-approach of the law is "by design". I'm not sure; I'd need to dig into the history a lot more to assess.