> To summarize the analysis that now follows, the use of the
books at issue to train Claude and its precursors was
exceedingly transformative and was a fair use under Section 107
of the Copyright Act. And, the digitization of the books
purchased in print form by Anthropic was also a fair use but not
for the same reason as applies to the training copies. Instead, it
was a fair use because all Anthropic did was replace the print
copies it had purchased for its central library with more
convenient space-saving and searchable digital copies for its
central library — without adding new copies, creating new
works, or redistributing existing copies.
We could fix that, but it requires a political will to change the law.