Thanks, I missed that detail. It's probably because of the "no class action" clause that this is a "mass arbitration".
Unfortunately that usually means that Google is paying a specific company to decide on the outcome of the case. in this case it looks like American Arbitration Association has a contract with Google.
They're supposed to be fair for both sides, but it's been shown that they almost always rule in favor of the company that has pre-selected them.
If anyone is in this situation, they will likely have a much better chance by convincing a judge to allow a different 3rd party to arbitrate the case.
If you've ever read through the terms of service/use for most websites that artists like to show off their work on (Instagram, Facebook, DeviantArt, ArtStation, Twitter, Reddit, etc.) you would realize that the work was indeed not stolen.
It was given away freely by artists due to fine print buried in the terms of service with royalty free licenses. Just lookup any Terms of Service and search for the word "royalty".
If artists should be going after anyone, it's the companies that either freely gave the artwork away by "sharing it with their partners" or by making a profit off of their work by selling it to any of these companies for training these image generating models.
The root of the problem here is the lack of ownership of our own data when it comes to any sort of online service. Part of that problem is just the nature of posting something in the first place.
One artist raised the alarm back in 2016 about the licensing at the time: https://www.deviantart.com/dsc-the-artist/journal/DeviantArt-CAN-USE-your-ART-WITHOUT-PERMISSION-616830749
They do allow you to tag your projects now to prohibit them from being sold for use with Generative AI programs, but this option obviously did not exist some years ago.
::: spoiler Instagram
Etc...