Until we pass 21st century laws, thats what applies.
It was deemed "privacy violating" under specific privacy laws within those jurisdictions.
i.e. go pass a law amending copyright law if you think so. there's no substantial reproduction here, in the context of stable diffusion, until there is, and then yeah in that instance it's probably a copyright violation, like a substantial reproduction made by a human would be. but training itself, probably not. but yes, there have been no rulings on it in this context.
> go pass a law amending copyright law if you think so
I don't need to do anything. Let's see until one of these cases come to the courts. You're talking as though it's a foregone conclusion that they'll rule the way you think. I wouldn't be so sure myself.
FWIW I do believe training a model is fundamentally different from training a human.
The obvious analog is facial recognition, deemed privacy violating by laws and courts in multiple jurisdictions, vs a human doing the same thing manually.