[stubish]

I don't know US, but if similar to Australia then you can sell the machines, but there are specific regulations regarding public access to them, which boils down to posting notices about copyright violations and passing liability onto the user. Because apparently a stern warning stops students from photocopying expensive text books. Which is the sort of thing Midjourney and OpenAI will be relying on for their defense, yes.

It is also interesting that there are technology specific laws. You can't sell photocopiers to the public capable of reproducing bank notes for example. Or taxes added to blank medium such as cassette tapes.