I pay OpenAI for a chat and image generation service. If I make Mario or something random, I pay them the same amount. If I go sell those pictures of Mario that I made with the service then I am liable for infringement, not OpenAI. OpenAI is not charging me more for making Mario or anything else.

Same as if I draw Mario to keep privately or draw him and sell the images. Adobe is never mentioned as a liability even though I used that software to infringe and paid Adobe for the ability to do so.

Please tell me how it’s different. Don’t tell me scale because they don’t care if it’s one or 1 million Marios. If someone was making money on a million Marios they would be sued independently, whether or not they used AI.