Maybe I sometimes skip ahead too much. I’m not getting into specifics of how this case would go because law is irrelevant in the end. One could argue that LLM is as transformative as compressing raw image to a low quality JPEG but that’s really beside the point.
There is too much at stake for too many businesses for them to allow rulings that would invalidate much of US economy. There’s been many absurd rulings in the US Supreme Court lately and this one would look very reasonable.