[slg]

Whether it's capable/incapable of doing it is much less important in a legal sense than whether it does/doesn't. When it comes to the specific images in the article, the AI clearly didn't add anything new. The average person wouldn't be able to tell whether those images were AI generated or official images from the rights' holders. If any of us tried to build a business around selling images like these, we would quickly receive a cease and desist before an eventual lawsuit if we continued.