The case against Meta, where they 'lost' the copyright claim, was one of the biggest cases recently where Authors Guild v. Google was used. The judge dismissed one of the complaints (about training) while citing Authors Guild v. Google. Meta did have to pay for the books, but once they paid for the books they were free to train their models without violating copyright.

Now, there are some differences so the litigation is still ongoing. For example, one of the key elements was that Google Books and an actual book fulfill two different purposes/commercial markets so Google Books isn't stealing market share from a written novel.

However, for LLMs and image generators this isn't as true so there is the possibility that a future judge will carve out an exception for this kind of case... it just hasn't happened yet.