The race is on to figure out a way to get LLMs to produce content to be used for training other LLMs in a satisfactory way. Eventually the dataset question will get figured out in the courts but if there’s a technique to generate more training data in an automated way then the court decision doesn’t matter.

Edit: also, I don’t believe court decisions can be enforced retroactively so existing LLMs would be safe but I’m most definitely not a lawyer.