This will be the test legal test. Will the Supreme Court (eventually) view “training” as “fair use”?
I hate it as much as anyone, but I’d wager the law will label it fair use.
We probably need new laws.
Even the machine learning def : "the process of creating or improving a computer representation of a system or process by supplying it with data"
does not take into account using the data as a component of a product that will be sold/owned/create profit.
But what is "training"? The def is "the action of teaching a person or animal a particular skill or type of behavior."
A program is not a person or animal, and it is not 'learning' a skill, it's the wrong word.
It is not learning from our images. It is using them as components in a product.