> They don't store any original art used in the training [...] these models do not replicate the art it has been trained on. Every single piece of art generated by AI, is something entirely new. Something that has never been seen before. You can debate if it takes skill, but you can't debate that it's something new

They can very easily reproduce images and text that are substantially similar to the training input, to the extent that it is clearly a copyright violation.

Image-generating AI can copy and paste from training data, raising IP concerns | TechCrunch

> courts have indeed shown previously that Google IS allowed to data mine a bunch of data [...] there's a difference [...] But the focus here was on the data mining.

In the case of the Google Books search product, the scanning of copyrighted works ("data mining") was found to be fair use. That absoutely does not mean that all data mining is fair use. Importantly, it was found that it had no economic impact on the market for the actual books, it did not replace the books. In order for the code/text/image AI generators' "data mining" of copyrighted works to be fair use, it will also have to meet that test. Otherwise, the mining is a copyright violation.