Training data can be used "regardless of whether it is for non-profit or commercial purposes, whether it is an act other than reproduction, or whether it is content obtained from illegal sites or otherwise."
This was my thinking too. In principle I support restrictions on the data AI can be trained on, no question - but practically speaking the only difference restricting it makes is giving whatever companies gobble up the most IP the sole ability to make legal AI art. If a decision like that was made, there would be no more stable diffusion, available to anyone and everyone for free; the only legal options would be e.g. Adobe Firefly.
This was my thinking too. In principle I support restrictions on the data AI can be trained on, no question - but practically speaking the only difference restricting it makes is giving whatever companies gobble up the most IP the sole ability to make legal AI art. If a decision like that was made, there would be no more stable diffusion, available to anyone and everyone for free; the only legal options would be e.g. Adobe Firefly.