"Fair use" counters "without license and without permission" hard. The argument that training AI on scraped data is "fair use" and the resulting model outputs are "transformative works" has held up in courts. Anthropic got dinged for downloading pirated books, but not for throwing the ones they didn't pirate down the training pipeline.

Some countries, like Japan, have amended their copyright laws to make AI training categorically legal. Others are in "fair use clauses" grey areas with courts deciding case by case based on precedent and interpretation. So trying to latch onto copyright law is, as it always was, the wrong move. Copyright never favored the small guy. Stupid to expect that it suddenly will.