It should have been a clear extension of the intent of existing copyright/licensing that training would be disallowed without consent, but "move fast and break things"/"possession is nine-tenths of the law" win out
Copyright already exists, the issue is that these companies are doing it legally anyway. For me it is the same issue as with privacy: I'm deeply uncomfortable with the current situation, but there is no political fight for me to fight, because the law is already how I want it to be, it's the public perception, that needs to change, but that is hard to influence, without being rich.