> Using them was allowed as fair use

That is only relevant in the US, and even there it is still not clear-cut whether the fair use doctrine applies on all these scenarios. Outside of the US the situation is also quite different: for example take a look at the recent ruling on GEMA vs OpenAI in Germany.

The reality is that the copyright issue with generative AI is very complex and reaching anything resembling a conclusion will take much more than a few opinion paragraphs from an American district judge.