Which of the following are true?
(a) the legal industry is susceptible to influence and corruption
(b) engineers don't understand how to legally interpret legal text
(c) AI tech is new, and judges aren't technically qualified to decide these scenarios
Most likely option is C, as we've seen this pattern many times before.
Where are you getting your data from? My conclusions are the exact opposite.
(Also, aren't judges by definition the only ones qualified to declare if it is actually fair use? You could make a case that it shouldn't be fair use, but that's different from it being not fair use.)