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A critical distinction, because they were going to to find terabytes of not pirated books to train on that contained the sum history of humanities knowledge /s
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They actually did this.

> Anthropic spent many millions of dollars to purchase millions of print books, often in used condition. Then, its service providers stripped the books from their bindings, cut their pages to size, and scanned the books into digital form — discarding the paper originals. Each print book resulted in a PDF copy containing images of the scanned pages with machine-readable text (including front and back cover scans for softcover books

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They bought, scannned, trained from, and destroyed millions of paper books, which was ruled legal. This lawsuit was for training from LibGen.
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This is such a petty and impotent ruling. If you want to ban them from using culture to make derivative works without proper compensation then do that.

But if you don't want to ban them, telling them to buy one book of each, likely second hand, is complete pettiness that resulted in destructive scanning of millions of books, many of which were already practically available in digital form.

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They could have purchased the books instead. It was easier to pirate.
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