They can't stop doing things some people don't like (people who also won't stop doing things other people don't like). The legality of the claims is questionable which is why most are getting thrown out, but we'll see if this narrow approach works out.

I'm sure there are also a number of easy technical ways to "include" the metadata while mostly ignoring it during training that would skirt the letter of the law if needed.

If we really want to be technical, in common law systems anything is legal as long as the highest court to challenge it decides it's legal.

I guess I should have used the phrase "common sense stealing in any other context" to be more precise?