That has nothing to do with whether LLMs are fair use.

This seems to be a bad faith argument, although it would be amusing to see Facebook use it.

"Your honor, it's fair use because students have downloaded educational books for years."

People can process only fraction of that while using much more time to do that. And I'm using 'process' here to meet you in your nihilist argument that these algorithms are same as humans. Which is pretty strange because people barely acknowledge similarities with other mammals but suddenly software is equal.