The jurisdiction is different. The alleged offense is different. The stage of legal proceedings is different.
There's no contradiction between an American court finding that using legally acquired copies of copyrighted material for AI training constitutes fair use, and Italian police launching an investigation because they suspect someone might be selling illegal copies of copyrighted material.
No one is claiming that the law is wrongly interpreted. We're saying that the law is wrong.
How is it legal to generate the content of that YouTube with genAI but not to actually tape it with real people. Why does an AI have more rights than this YouTuber.
There's no contradiction between an American court finding that using legally acquired copies of copyrighted material for AI training constitutes fair use, and Italian police launching an investigation because they suspect someone might be selling illegal copies of copyrighted material.