Yeah I mean I'm not even really a fan of how copyright law works, but I don't see how you can just insert an "AI exemption." So OpenAI can infringe because they host an AI tool, but we humans can't? That would be ridiculous. Or is "I used AI when I created this" a defense against infringement? Also seems ridiculous. Why would we legally privilege machine creation of creative works over human creation in the first place? So I don't see what the credible AI-related copyright law reform is going to be yet.
Which means that either OpenAI is allowed to be the only lawbreaker in the country (because rich and lawyers), or nobody is. I say prosecute 'em and tell them to make tools that follow the law.