Bradley Kuhn also has a differing opinion in another whitepaper there (https://www.fsf.org/licensing/copilot/if-software-is-my-copi...) but then again he studied CS, not law. Nor has the FSF attempted AFAIK to file any suits even though they likely would have if it were an open and shut case.
All of the most capable models I use have been clearly trained on the entirety of libgen/z-lib. You know it is the first thing they did, it is like 100TB.
Some of the models are even coy about it.