Does it even matter? They trained AI on obviously copyrighted and even pirated content. If this change is legally significant and a legal breach, the existence of all models and all AI businesses also is illegal.
It might or might not be legal, but it seems materially worse to screw over your direct customers than to violate the social-contracty nature of copyright law. But hey ho if you're not paying then you're the product, as ever was.
At least one instance where it was enabled in EU countries as well.