Copyright itself was introduced because of the scale of the printing press, which fundamentally changed the economics of publishing. Is it reasonable to assume that scale doesn’t change things?
And with the robots.txt approach, I understand, there'll definively be some rogue AI that would parse and process that on purpose :)
As for "doing the same thing", well, kind of, yeah, we're back to the thousands years old copycat problem. But this time art/code creators don't want others having machine that could recreate years of work in a minute with a push of a button. Also, artists usually acknowledge who did they learn from or who's style are they trying to recreate... but that's an ethic thing..
ML is only superficially using the same process. Behind the scenes the computer is not being 'inspired'; it's using the art from other people, along with metadata about it, as a data source to derive a new image using math. That isn't the same as seeing someone else's picture and using it for inspiration.
Anyway, I've always said (and keep saying) that art is what (visibly) distinguishes humans from animals. And machines.