The debate is about content that is generally legally obtained, but might come with certain restrictions. Where restrictions is a broad term and might also just come in the form of a copyleft license, eg. My main point was that in many situations, eg involving open source licenses, it's really not clear from the terms what the creator's intent regarding AI training was. And the broader question is whether training is fair use, or something else, maybe even a new legal concept that would have to be established. Or, what's the difference between art students going to the museum to be inspired, and Dall-E 'looking' at public domain images?