This actually isn't what legal precedent currently says. The precedent is currently looking at actual output, not models being tainted. If you think this is morally wrong, look into getting the laws changed (serious).
Judge Alsup --
U.S. District Judge William Alsup said Anthropic made "fair use" of books, deeming it "exceedingly transformative."
"Like any reader aspiring to be a writer, Anthropic's LLMs trained upon works not to race ahead and replicate or supplant them — but to turn a hard corner and create something different"