Comment by jcranmer

The short answer is that there is actually a number of active lawsuits alleging copyright violation, but they take time (years) to resolve. And since it's only been about two years since we've had the big generative AI blow up, fueled by entities with deep pockets (i.e., you can actually profit off of the lawsuit), there quite literally hasn't been enough time for a lawsuit to find them in violation of copyright.

And quite frankly, between the announcement of several licensing deals in the past year for new copyrighted content for training, and the recent decision in Warhol "clarifying" the definition of "transformative" for the purposes of fair use, the likelihood of training for AI being found fair is actually quite slim.