Whether or not copyright applies at all to model training is an entirely open question, and where rulings have come down, it's likely closer to these situations being fair use (e.g. the Google Book's case, which was ruled transformative and not a direct replacement for the works in question).

The reality is, these models don't copy or distribute anything directly, which makes applying copyright a bit of a stretch. Many people feel like it is a use that should have some sort of IP law applying to it, which is why I think there's some chance that courts or legislators will decide to screw the letter of existing law and just wedge new interpretations in, but it's not super simple: they'd have to thread the needle and not make things like search illegal, and that's tricky. Besides that, these models are out there, they're useful, and if they're ruled infringing they'll just be distributed illegally anyways.

I don't envy the people who will have to decide these cases, I suspect what's better for the world overall is to leave the law as-is and clarify that fair use holds (nobody will stop publishing content or code just because AI is slurping it up, a few weirdos like the article author excepted), but there are going to be a lot of pissed off people either way...