That's the whole point of hypotheticals? If we're just discussing the common case, the conclusion is so obvious that no serious analysis happens and everything becomes vibes based. "Is torrenting fine?" would have been met with something along the lines of "yes, copyright is just an artificial monopoly created by the government and harms innovation", "information should be free", etc. Now people have done a 180 because it's evil corporations doing it so the vibes have totally reversed. They may have a point about the vibes of evil corporations training AI models then selling back the models for $$$, but vibes is no way to run a legal system.