So the argument is because LLMs are useful and the publishing industry was not involved in their creation we should disregard the property rights of the publishing industry and allow using their work without a license? By that same argument (if something useful is being build, we ignore existing rights) shouldn't not also just take the code/models from OpenAI etc. and just publish them somewhere? Why not also their datacenters?
It's not really an argument. It's an observation that they sat on their hands while other industries out-innovated them. They were complacent and now they're paying the price.
We have laws and rules, but those are intended to work for society. When they fail to do so, society routes around them. Copyright in particular has been getting steadily weaker in practice since the advent of the Internet, because the mechanisms it uses to extract value are increasingly impractical since they are rooted in the idea of printed media.
Copyright is fundamentally broken for the modern world, and this is just a symptom of that.
