Afaik Getty's case is strong against stability because they were dumb enough not to remove the water marks before training so now their model recreates their watermark, which is an infringement. Also let's not pretend openai licensed their dataset from all the stock image sites they scraped. The main reason they have a deal with Shutterstock is probably easy access and also Shutterstock partnered up with openai for ai tech to sell on their website.