Americans aren’t actually that litigious. This perception was created as part of a public misinformation campaign by McDonalds to try to win sympathy when they made their coffee way hotter than it should have ever been, and were sued when a customer had their labia fused together when the coffee spilled in their lap.
https://en.wikipedia.org/wiki/Liebeck_v._McDonald’s_Restaurants
So if stealing copyrighted information to train an AI isn’t fair use, then isn’t pretty much every commercial LLM illegal?