It's not a valid point of criticism. The escape did not in fact "result" in the leak of confidential photos. That already happened somewhere else. This only resulted in the republishing of something already public.
Or another way, it's not merely that they were already public elsewhere, the imortant point is that the photos were not given to the ai in confidence, and so re-publishing them did not violate a confidence, any more than say github did.
I'm no ai apologist btw. I say all of these ais are committing mass copyright violation a million times a second all day every day since years ago now.
