It has been 24 years since release, in any place that isn't completely captured by big capital interests it would be fair use. This is such a forced reach. There are plenty of good arguments to be made re: big LLM providers and copyright, yet you're weakening all of them by choosing the worst example.
Fair use doesn't mean you can placate any license you want on it.
Warcraft 3 Reforged has been released in 2020.
The Beatles released "She Loves You" much more than 24 years ago. You don't get to redistribute their music however you want. Me pointing out that AI bros disregard basic common sense and the law as part of pursuing their objectives doesn't weaken anything, it reinforces how they should be held accountable.
It's quasi-legal only as long as Activision execs are unaware.