This won’t do in a real court
What do you think "multiple federal courts have found" means?
The current precedent hinges on this not being theft, because training... is... transformative. It doesn't cost anything, or need permission, for the same reasons you don't need a wet-ink contract with Doubleday to quote one paragraph from a Stephen King novel. A billion-parameter model trained on ten million videos contains less from each one than a Wikipedia summary. Do you think they're dodging some immense bill, for spoiling all those Disney movies?
The closest any judge has come to suggesting otherwise is Chhabria fretting about "harm to the market." Which is not relevant to a classifier for censorship. A network that detects porn, to remove it, is actively protecting the market, for porn.