Wait.... An attorney commenting on how an existing legal definition is likely to be interpreted....
This isn't the EFF saying "AI is great" from the linked article. This is the attorney saying that the DOJ comment unfortunately is accurate in line of the existing definition if the exception.
The only defense they use is from the take of individuals or smaller groups training.
I get the knee jerk reaction wanting the EFF to come out against all AI, but that isn't going to change the written laws. They've been fighting abuse via these laws for decades.
I hate Gemini etc as much as the next, but attacking the underlying capitalist and fascist push the big tech are doing via panic changes to what is supposed to be civil definitions instead of toward the criminal intent underlying is short sighted and will absolutely be leverage by those tech bros for even further destruction of what might be left of laws.
Anyone who thinks copyright law will stop bezos etc from harming the world is still thinking they can somehow get their government to tax them back to "normal wealth".