@fuzzychef@ed I don't get too hung up on the magic of having a human holding the pen.
Imagine asking an intern to draw a picture of the Joker. They don't know what the Joker looks like, so they search online and find pictures and draw the Joker based on that. This is what's happening with the AI tool. It'd be up to you to tell the intern, no, this is too similar to be used, and that's what the AI tool user would've needed to do.
In this case, though, someone likely used the AI tool with the aim of finding a troublingly close rendition of a copyrighted image, the tool certainly offered options, and the human chose what they desired.