True enough, but the point of this type of lawsuit is to define the legal framework within which the tech can operate. The law could end up saying that AI generated code from public, but license constrained code, must abide by the license of the original code. Or maybe there are rulings that help to better define "fair use" within this context. There is clearly significant legal ambiguity so this and other suits will help to clarify things.

Of course those laws can't constrain someone from using the tech on their own computer how they want, but most public companies will create policies to keep their workforce within the lines of the defined legal framework.