Copyright violation is not per se a crime. I think a colorable defense of fair use, even if it would fail in a civil trial, would negate the mens rea element. I

Copyright violation is not per se a crime. I think a colorable defense of fair use, even if it would fail in a civil trial, would negate the mens rea element. I can't easily find caselaw or articles regarding this, though, as most criminal copyright cases involve straightforward reproduction and distribution schemes. Maybe that's because prosecutors won't press cases that might raise a question of fair use? But I agree with your larger point. AI companies have copied Uber's aggressive posture, pushing the legal envelope with expectations of positive return. Surely they'll continue doing the same in other areas.