> Observe how all the major copyright victories amount to judges dismissing cases on grounds of "Well you don't have an example specific to your work" rather than addressing whether such uses are acceptable as a collective whole.
Well, all a judge can/should do is to apply current law to the case before them. In the case of generative AI then it seems that it's mostly going to be copyright and "right of publicity" (reproducing someone else's likeness/voice) that apply.
Copyright infringment is all about having published something based on someone else's work - AFAIK it doesn't have anything to say about someone/something having the potential to infringe (e.g. training an AI) if they haven't actually done it. It has to be about the generated artifact.
Of course copyright law wasn't designed with generative AI in mind, and maybe now that it is here we need new laws to protect creative content. For example, should OpenAI be able to copy Studio Ghibli's "trademark" style without requiring permission?