"The blame should always go to the party who violated the law in creating the content."
This, this, a thousand times this.
This, this, a thousand times this.
Whether the Xerox photocopier, the Sony Betamax or (so far) generative AI, judges are ruling that the fault in using technology to infringe copyright doesn't lie in the technology, but the way the technology is used by a person.
Generative AI isn't (yet) a person, so it is neither capable of creating copyrightable works, nor in itself infringing copyright.
I wrote a research paper on it, if you're interested.