Sure. I agree with that. My position is looking solely at whether or not using AI as a tool to meet an artists vision creates art, not whether it is was created ethically or not. I don't believe AI is currently an ethical too and I don't generally use it. It can however be used to create art.
Previously, I noted that I am not really interested in the question, 'Is it art?" I am still uninterested in that question. However, there is a slightly different element that brings up.
There are historically two major positions on how to consider the moral aspects of art - one is "Moralism" in which art criticism includes, or is even reduced to, moral aspects, and a moral defect in a work should be considered an aesthetic defect. The other "Autonomism", in which only the aesthetic value is included. There are of course, various middling positions.
However, there is another position that is coming to light in current art criticism, called "ethicism", which holds that: “the ethical assessment of attitudes manifested by works of art is a legitimate aspect of the aesthetic evaluation of those works, such that, if a work manifests ethically reprehensible attitudes, it is to that extent aesthetically defective, and if a work manifest ethically commendable attitudes, it is to that extent aesthetically meritorious.”
Needless to say, a work can be considered to "manifest" ethical attitudes not merely by its content, but also through the means of its creation.
Now, your position seems to be implicitly autonomistic - the morals and ethics of creation do not devolve upon the view of the work. However, it seems to me that an ethicist approach is also a valid one. And that position holds that, due to ethical flaws, a work can end up with no, or negative, aesthetic value.
Arguments over whether a thing is art seem a moot if the work is in significant danger of being art with no aesthetic value, due to its flaws.