The tech companies have consolidated so much power, and are so invested in AI, none of this really matters. If there is any defense, even an illogical or contrived one that can reasonably be expected to play out, expect that defense as the one to win as the final outcome in a protracted legal battle. The law at its highest levels is less about interpreting black and white rules (like many people think it is) and has more to do with the biases and motivations of those doing the interpreting.