The US Federal government operates with the rule that if human eyes don't look at it it doesn't count as a copy or looking at it. This allows them to unconstitutionally spy and log all people's telecommunications. Applying it here it seems pretty clear that corps are within the established bounds. As are any human persons that want to train an LLM this way.
Someone engaged in large-scale unconstitutional spying does not give two fs about incidentally doing some copyright violations to achieve the spying. These are entirely orthogonal considerations.
