Lawyers commenting on this publicly will add their bias to reinforce the stances of their clientele. Thus somebody usually representing the copyright holders will say it is likely infringing and someone usually representing the AI companies will say it is unlikely.

But you are right, we don't know until president is set by a court. I am only warning people that laying back and hoping that copyright will apply as they wish is not a good strategy to defend your work. One should consider alternative legal constructs or simply not releasing material to the general public anymore.