Except, as the article says.... it's not copyright infringement. Whether it should be or not is another issue.

>But the latest lawsuit alleges that Meta and Zuckerberg deliberately circumvented copyright-protection mechanisms — and had considered paying to license the works before abandoning that strategy at “Zuckerberg’s personal instruction.” The suit essentially argues that the conduct described falls outside protections afforded by fair-use provisions of the U.S. copyright code.