It could be argued that when our tax code, laws, and constitution were created there weren't AIs taking jobs and funneling the economy to only a few people breaking the system and it's time for us to adapt as a society. But I know adapting isn't a strength of our legal system.
Also, you wouldn't be suing the AI as it's own entity. You would be suing the creator/owner that is allowing it to steal people's content. AI is not to the point it is sentient and responsible for it's own actions.