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‘Impossible’ to create AI tools like ChatGPT without copyrighted material, OpenAI says
(www.theguardian.com)
Copyright protection only exists in the context of generating profit from someone else's work. If you were to figure out cold fusion and I'd look at your research and say "That's cool, but I am going to go do some woodworking." I am not infringing any copyrights. It's only ever an issue if the financial incentive to trace the profits back to it's copyrighted source outway the cost of doing so. That's why China has had free reign to steal any western technology, fighting them in their courts is not worth it. But with AI it's way easier to trace the output back to it's source (especially for art), so the incentive is there.
The main issue is the extraction of value from the original data. If I where to steal some bricks from your infinite brick pile and build a house out of them, do you have a right to my house? Technically I never stole a house from you.