The Hamburg District Court has issued a judgment finding that the collection of photographs from the internet of photographer Robert Kneschke by the non-profit foundation Large-scale Artificial Intelligence Open Network (LAION) for inclusion in the LAION dataset (used by others to train AI models), falls within the exception under German law for non-commercial text and data mining (Text and Data Mining/TDM) as recognized in Article 3 of the Digital Single Market Directive (DSM Directive).
See the decision here (in German).
See the unofficial translation of the decision here (in English).