This should be more about the externalities of the models. You can sue factories for emitting too much CO2 without making claims about their IP. The internet has been built, from the get go, on the premise of violating the spirit of copyright laws. Google got away with that because they gave away a small percent of their profits to content makers via ads. Other companies were not so lucky to have that privileged access.
The images here are a big part of the model, there is no way around it, that huge blob of numbers doesn't build itself from scratch. But i don't know if these lawsuits have much merit. There is so much money in AI that these companies can forgo scraping, and instead send thousands of people to take photos of pretty much every artwork for themselves.