I still dont think this has legs, precisely because of this case.
They accessed the material through piracy. They never accepted a TOS. They will probably get away with acquiring the material however they liked because of fair use.
The technicality is that they redistributed the material because of seeding, which is a no no.
That said, you might find inspiration in Midjourneys TOS. Anyone paying less than a Business plan agrees that anyone else on the platform can sample your output and your prompt.
While this won't work too well when the access is indirect via a piracy or a "rogue contractor", it can be applicable to the web-crawlers the companies are directly running.
They accessed the material through piracy. They never accepted a TOS. They will probably get away with acquiring the material however they liked because of fair use.
The technicality is that they redistributed the material because of seeding, which is a no no.
That said, you might find inspiration in Midjourneys TOS. Anyone paying less than a Business plan agrees that anyone else on the platform can sample your output and your prompt.