I know the image, what I do not understand is the argument between using it being incompatible with "fairness" and "openness"

GenAI image generation is not fair.

also: “Cloudelare” ;-P

I can't speak for the other commenter, but I think companies like Midjourney and OpenAI are robber barons exploiting people's creative work in ways that obviously aren't fair, but that our legal system wasn't equipped to prevent.