(1) That they are actually protected by copyright in the first place, or
(2) That the particular act described does not fall into an exception to copyright like fair use, exactly as many model creators assert that the exact same act done with the materials models are trained on does, rendering the restrictions of the license offered moot for that purpose.
I.e. the first one concerns you, the other is none of your business.
Simply showing up to court wearing a tshirt that says "what she said" probably wouldn't fly, but I like to imagine that any arguments made by them about their copyrights would be equally true of my copyrights.
At this point I'm mostly wondering if "you ripped me off first" is a viable legal defense to copyright battles where it's unclear if either party is distributing the works of the other. One thing is for sure though, if I were to do this as an individual, the discovery process would be much more expensive for them than me.
An example for legal reference might be convolution reverb. Basically it's a way to record what a fancy reverb machines does (using copyrighted complex math algorithms) and cheaply recreate the reverb on my computer. It seems like companies can do this as long as they distribute protected reverbs separately from the commercial application. So Liquidsonics (https://www.liquidsonics.com/software/) sells reverb software but puts for free download the 'protected' convolution reverbs specifically the Bricasti ones in dispute (https://www.liquidsonics.com/fusion-ir/reverberate-3/)
Also, while a SQL server can be copyright protected, a SQL database is not given copyright protection/ownership to the SQL server software creators by extension of that.