From the article:
> Training on AI-generated content probably wouldn’t make Adobe’s Firefly image generator less commercially safe, and the company isn’t required to say what it’s training on as long as it isn’t misleading consumers, said Harvard professor Rebecca Tushnet, who focuses on copyright and advertising law. But training on AI images, such as those created by Midjourney, undermines the idea that Firefly is unique from competing services, she said.
The critique here isn't that Adobe is violating Midjourney's copyright, it's that Firefly's data ultimately is not as ethically sourced as Adobe claims (keeping in mind that different commenters probably have different qualifications of what ethically sourced training data would be).