Doesn't the Ars Technica article of that post state that the courts have not rejected the claim of copyright infringement?
> failed to provide evidence supporting any of their claims except for direct copyright infringement
(emphasis mine)
Where are the courts saying that models can be trained on copyrighted content? (I believe that it's possible but unless I'm missing something I don't see it in that Ars article)
Morals are different from the law, but you seek a legal remedy, and those aren’t going well.