Edit(seriously): >Transformativeness is a characteristic of such derivative works that makes them transcend, or place in a new light, the underlying works on which they are based. In computer- and Internet-related works, the transformative characteristic of the later work is often that it provides the public with a benefit not previously available to it, which would otherwise remain unavailable.(Wikipedia)

I am sure Napster or the like argued that what they were doing was transformative.

Not sure how AI companies are arguing about PUBLIC benefit if you have to pay...