> I think the jury is still out on how fair use applies to AI.

The judge presiding over this case has already issued a ruling to the effect that training an LLM like Anthropic's AI with legally acquired material is in fact fair use. So unless someone comes up with some novel claims that weren't already attempted, claims that a different form of AI is significantly different from a copyright perspective from an LLM or tries their hand in a different circuit to get a split decision, the "jury" is pretty much settled on how fair use applies to AI. Legally acquired material used to train LLMs is fair use. Illegally obtaining copies of material is not fair use, and the transformative nature of LLMs don't retroactively make it fair use.