[shadowgovt]

IANAL, but reading a bit on this topic: the relevant part of the copyright law for AI isn't academia, it's transformative work. The AI created by training on copyrighted material transforms the material so much that it is no longer the original protected work (collage and sampling are the analogous transformations in the visual-arts and music industries).

As for actually gathering the copyrighted material: I believe the jury hasn't even been empaneled for that yet (in the OpenAI case), but the latest ruling from the court is that copyright may have been violated in the creation of their training corpus.