Yes, of course.
It's quite possible that judges realize that if they restrict training data to licensed materials, LLMs will become stupid and China will overtake the US to become the leader in AI, and because that can't happen, they'll make up some reason to make training on unlicensed data legal. It's definitely fair use!
I'm not even joking. Last time the US Supreme Court basically said "Android is too important, we have to declare its use of Java API fair use."