> is it clear yet if it can be called fair use?
Yes.
https://www.publishersweekly.com/pw/by-topic/digital/copyrig...
Though the EU has its own courts and laws.
If France, fair use doesn't even exist!
We have exceptions, which are similar, but the important difference is that courts decide what is fair and what is not, whereas exceptions are written in law. It is a more rigid system that tend to favor copyright owners because if what is seen as "fair" doesn't fit one of the listed exceptions, copyright still applies. Note that AI training probably fits one of the exceptions in French law (but again, it is complicated).
I don't know the law in other European countries, but AFAIK, EU and international directives don't do much to address the exceptions to copyright, so it is up to each individual country.
District judge pretrial ruling on June 25th, I'd be surprised this doesn't get challenged soon in higher courts.
And acquiring the copyrighted materials is still illegal - this is not a blanket protection for all AI training on copyrighted materials