PicklingError under python 3.9.13

[BradleyMarie]

I'm observing a pickling error during setup when run under python 3.9.13 (on Windows).

I saw there was a previously applied commit which fixed this for 3.10+, but I believe it may also need to be extended to earlier versions of python.

I'm not sure if it works on other versions of 3.9, but the easiest solution here is probably just to update the check to just skip for 3.9+ instead of 3.10+.

Specific error I've observed is as follows.

 _pickle.PicklingError: Can't pickle <function detect_distutils at 0x0000017FD6379160>: attribute lookup detect_distutils on __main__ failed