Now the thing is, putting a blanket "sue anyone using AI trained on works" I feel is wrong because again, it's doing the same exact thing a human mind does. Are you telling me that your writing is 100% your own thoughts and has not been trained, in any way, from writings you have read. In other words, your brain has not been trained by existing works...
The answer is... no... no it hasn't. Your brain has been trained with existing works from authors, just as an AI "brain" is trained.
The only thing that is relevant is the final product. If my AI-generated story is about a Captain on a starship that flies around exploring worlds and meeting new aliens, does Paramount have grounds to sue me, because it's plagiarizing Star Trek? But the AI spit out the ship is the CSS Explorer, with it's Captain George L. Rooker, representing the Galactic Confederation of Worlds.
Is in inspired by Star Trek? Yup. Is it Star Trek? Nope. I lied... that wasn't AI generated. It was generated by my human mind.
Why would the fact that it was generated by AI be relevant in any way? It's either plagiarism, or it's not. The tool used doesn't matter.
This is where we disagree, though, because calling it AI is grossly misleading. It's artificial but it's not intelligent. No, it doesn't work like a human brain because it's not sentient. It's just a version of Microsoft Word generating a bunch of randomly cobbled together words that it has been programmed to think fit together in X-fashion because it has been programmed with the works of JRR Tolkien, George R.R. Martin, or Gene Roddenberry. It is incapable of creativity because it is not alive.
Therefore it can only BE plagiarist.
At least in my view.