GP here. I agree. By "lack of precedent" I meant lack of precedent specific to the implications of gen AI's use of data scraped indiscriminately, without attribution or consideration. As far as I can tell, the various cases in progress will (eventually) set some precedent about fair use in this specific context. LLM-owning companies are already hedging future liability by paying for content and/or doing the usual terms of use bait-and-switch (oh yeah, and when you click "okay", you agree to let us use all your data to train our AI models).