> IMHO AI generated content should be treated the same way with how human generated content and I don't see the problem.

The problem is that AIs don't have rights. So you literally can't treat it the same.

If I "make" something in a way I'm not allowed to (e.g. copying), the law will go after me. If AI makes something I'm not allowed to, I can just say "whoopsie doodle", blame the AI, and there are no repercussions for anyone.