The problem is that if this argument is allowed to stand, art, as a human endeavor will shrink 99% or maybe even 100%.
Oh and this happens in a very underhanded way. Courts, governments and companies (including OpenAI and others) demand copyright is respected by humans. They impose great penalties when humans cheat, and then this happens:
https://torrentfreak.com/nvidia-contacted-annas-archive-to-s...
https://torrentfreak.com/authors-accuse-openai-of-using-pira...
https://torrentfreak.com/meta-torrented-over-81-tb-of-data-t...
If these companies were forced to abide by the rules courts impose on humans, they would have to buy billions worth of books. But of course, "that's not how copyright works". Of course, these companies ARE using copyright to avoid reciprocating:
https://openai.com/policies/row-terms-of-use/
So this is yet another "rules for thee, not for me" situation involving companies worth billions of dollars. A situation that's really hurting people's livelihoods ...