I think it’s a weak argument anyway. A pencil can be used to recreate copyrighted works. Why should a LLM be different? The legal responsibility always has been and should continue to be on the person publishing or making available the work. And at any rate, a country banning this tech will be missing the revolution. Protecting the buggy whip manufacturers and all that.
What's the difference between picking a cherry tomato from your streetside garden and eating it, and driving a combine harvester over your lawn and taking everything?
If telling AI to study Spiderman and then output 10 pictures of Spiderman is illegal, how is that different from hiring 10,000 artists to study Spiderman, having them each do a drawing, and then hiring 100 talent judges to pick the top 10?