The fact that Stabiliity is now creating an opt-out for artists after lifting and training on copyrighted / watermarked art without permission and creating a paid SaaS solution out of it, shows that not only they willfully trampled on the copyright of artists, but they have set themselves on a weak explanation on the 'fair use, transformative' argument since the LAION-5B model contains the copyrighted images which can output verbatim / highly similar digital art by the model.
The input from 'real experts like Bengio, LeCun' add little to no value in the case as digital art generated by a non-human is uncopyrightable and is public domain by default. [1] What sets the precedent is whether if using copyrighted content in a training set without permission from the author and outputting verbatim or highly similar derived works and commercializing that is fair use and not infringing.
If SD drew this line or musicians, then that should be the line drawn for digital art and code, and both Copilot, Midjourney, SD and DALL-E should be trained on public domain content or content with the permission from the content author or licenses that allow AI training.
So far, the 'real' grifters are Stability AI, OpenAI and Midjourney.
[0] https://techcrunch.com/2022/10/07/ai-music-generator-dance-d...
[1] https://www.copyright.gov/rulings-filings/review-board/docs/...