I would argue (as the court did) that google's use is transformative because the end result "book search" is in a different marketplace from "books." The end result / output of these generative AI systems trained on stock media and art is..."stock media and art."

That's kind of what this whole article is about. Just training the systems in research is arguably fair use but creating the entire pipeline might not be and the "loophole" here is trying to claim no responsibility for the training at the center of it because that was technically done by a 3rd party (...funded by the final creator of the full entire pipeline.)