It is your view that's dogmatic. The law in this area has yet to be fully tested in court, let alone any prospective changes that might be made to it in the near future.

Regardless, I thought this was a discussion about what the law ought to say.

The defense is that the model is not designed to output Harry Potter verbatim, and in fact will not unless you jump through lots of hoops. Image generation would probably provide you with a stronger position here since those setups can easily output likenesses without needing to carefully engineer the prompt to cause them to do so. But even then it is clearly not the intention of the people training or deploying them that they be used that way.