Earlier quoted context omitted.
Anthropic is selling a service that incorporates these pirated works.
That a service incorporating the authors' works exists is not at issue. The plaintiffs' claims are, as summarized by Alsup: First, Authors argue that using works to train Claude’s underlying LLMs was like using works to train any person to read and write, so Authors should be able to exclude Anthropic from this use (Opp. 16). Second, to that last point, Authors further argue that the training was intended to memorize…
It's not an issue because it's not currently illegal because nobody could have foreseen this years ago.
But it is profiting off of the unpaid work of millions. And there's very little chance of change because it's so hard to pass new protection laws when you're not Disney.