All what you said is why I believe artists have much firmer ground to stand on by going after output. We can have dumb AI that scans outputs for copyright violation the same way youtube scans for it.

Just because I can draw spider man from memory doesn't mean I owe Disney money or that I am 'problematic'. It means I just have to censor my outputs when doing drawings for people.

But again, artists don't want this outcome, so there is a purposeful muddying of the waters going on.