Curiously how your interpretaion of law still is not working to forbid ai or ai training, is it.
The typical defense of AI art is that it’s not derivative art but wholly original. Which I think is bullshit, and you seem to think is bullshit, and a whole bunch of other people think is bullshit. But we’re not the ones with the big army of lawyers and we don’t have the courts in our pocket, so the AI companies win. For now. Laws can change, and there’s a lot of anti-AI sentiment in the streets.
One confounding factor is that it’s often incredibly hard to prove where a particular AI image came from. It’s like pollution: we know who’s doing it, we know it’s killing people, but it’s often impossible to match up a single death with a single polluter. Which is why we have separate laws for pollution and for murder, and why it makes more sense to go after the training than after the final product.
At other times, finding the source of an AI image isn’t hard at all.