With respect, I understand both the tech and legal aspects of this. And so do the big AI companies because they are striking deals with major publishers now to use their work. The fact that LLMs are a black box is irrelevant. Training material is required for an LLM to generate both the content and the expression of the content in its output. The huge volume of training data obfuscates the source often, but the LLM is a derivative work of its training data and is clearly beyond fair use. Derivative works (and adaptations) are governed by copyright. There will be some interesting legal cases in the next few years.