Also, those emails seem very likely to be ordered to be produced during discovery.
This thing could really go either way at this point but I feel like Stability has the upper hand.
Imagine training a model without any of the plaintiffs images, then using that side by side with the model that does. This could then be used to show the jury that those individual works are of no importance to the system if the images are of the same quality.
They will probably argue that the individual expressions of each work are not copied, rather the abstract ideas of two-dimensional representations present across any and all images.
Expect lots of side by side pictures as Exhibits from both side! Grandma and her fellows have to weigh in on this one!
This is a fun one!