When a company trains an AI model on something, and then that company sells access to the ai model, the company, not the ai model, is the being violating copyright. If Jimmy makes an android in his garage and gives it free will, then it trains itself on youtube, i doubt anyone would have an issue.
In what possible way is that true? Not that I like it, but google has its creators sign away the rights to their material for uses like this. Nobody signs a contract with openai when they make their youtube videos.
