To be very clear on this point - this is not related to model training. It’s important in the fair use assessment to understand that the training itself is fair use, but the pirating of the books is the issue at hand here, and is what Anthropic “whoopsied” into in acquiring the training data. Buying used copies of books, scanning them, and training on it is fine. Rainbows End was prescient in many ways.
I think the jury is still out on how fair use applies to AI. Fair use was not designed for what we have now. I could read a book, but its highly unlikely I could regurgitate it, much less months or years later. An LLM, however, can. While we can say "training is like reading", its also not like reading at all due to permanent perfect recall. Not only does an LLM have perfect recall, it also has the ability to distrib…
And even if one could, it would be illegal to do. Always found this argument for AI data laundering weird.