Title 9 has no bearing here and thus NIL isnt subject to lawsuits. Also many female athletes are doing very well being able to monetize their social media.
As the legal dept at my former company told me once:
"it doesn't matter if you have no liability or interest. it only matters if you have money. if you have money, you will get sued"
While I agree NIL is not school directed by definition, and thus not relevant to Title 9, there is millions if not billions over time at stake. Better believe someone will sue for a chunk of that, with some tortured rationalization as to why. And probably hope for a settlement...