The title makes it sound like the judge put Data and the AI on the same side of the comparison. The judge was specifically saying that, unlike in the fictional Federation setting, where Data was proven to be alive, this AI is much more like the metaphorical toaster that characters like Data and Robert Picardo’s Doctor on Voyager get compared to. It is not alive, it does not create, it is just a tool that follows instructions.

The existence of intelligence, not the quality

Data preservationists are beating back the coming dark age. They’re heroes.