No, not least because almost nothing in this area is self-evident due to the state of caselaw at the moment.
Putting aside for the moment the question of whether "generative" implies "transformative" in the specific sense under discussion in copyright law, the definition of "transformative" in this context is highly contentious, and courts have avoided defining it in an unambiguous way. Even here, the courts will probably avoid answering these questions if at all practical.
This is a big part of why fair use is in such a bad state right now: no predictability in how courts will rule on it as a defense, plus no way to keep you out of courts in the first place.
This is tough to answer, because a lot of pirated stuff is literally priceless, i.e., can't be bought at all.
I'd be happy to pay for the recent Ace Combat 5 and 6 upscaled ports, but they were only available briefly with preorders for AC7 on consoles I don't have. They haven't been sold outside of that brief window several years ago. Even if you tracked down unopened copies from 2019 and bought them from third parties, the license codes they contained expired long ago.
Fortunately, the Ace Combat community has put a lot work into making emulation work. The older games are playable, just not in a way you can pay money for.