Suppose Universal et al. gets a precedent-setting ruling and slays OpenAI. LOL, LMAO even, but then what? What’s to keep the current entertainment cartels from making deals with Microsoft or the husks of the AI companies to rev up their own (now) fully legal and licensed bullshit engines?
I think it remains to be seen if you can train a base model without something as big as common crawl. A precedent that Universal needs to give you permission could also be a precedent that everyone must give you permission for you to scrape them.
I read one of his books and I gotta tell ya, his idea of scifi was 'what if the people negatively impacted by DRM were oppressed minorities instead of just first world complainers.'