OpenAI's justification for why training data is fair use, not infringement [pdf]
Skimming, this quote by itself seems enough to solidly make their case:<p>>>> "The “object of the original creation,” in other words, is direct human consumption of the author’s  expression.  18 Intermediate copying of works in training AI systems is, by contrast, “non-expressive”:19 the copying helps computer programs learn the patterns inherent in human-generated media. The aim of this process—creation of a useful generative AI system—is quite different than the original object of human consumption.20 The output is different too: nobody looking to read a specific webpage contained in the corpus used to train an AI system can do so by studying the AI system or its outputs. The new purpose and expression are thus both highly transformative.21"<p>Like you can make a transformer output some part of it's training data - but not an entire work, and more to the point, that's not the point (to copy) of the model or it's training data.