you are assuming fair and impartial judgement that is then implemented

I'm not sure what you're referring to. What do you think would be unfair or impartial?

here is what I was thinking -- in business (or war), parties can implement an unreasonable or illegal action in fact, then use time to rebuff others while making their position stronger.. or alternately simply pay gatekeepers or stakeholders while furthering their position, before others can actually stop the action. None of these or other scenarios involve a considered opinion by an impartial party with an effective implementation, in fact the key is to avoid impartial decision while gaining an advantage (and income) in the ground

I do not disagree with what you said, only that in reality, this is not the only way business conflicts are decided.

Yes, "the question" that I am referring to above is the currently lack of that impartial decision. Courts have yet to issue any ruling that is particularly useful for determining where the line is for the application of LLMs. I am saying that when that line is further defined, it won't be predicated on which license, if any, the content has.