The relevant part of the ruling starts on page 27.
For the print library copies that Anthropic purchased and then converted into digital library copies, Anthropic already enjoyed entitlement to keep the copies in its library. The purpose of the copying was to keep them in its library but with more favorable storage and searchability properties. Copying the entire work was exactly what this purpose required. There was no surplus copying. The source copy was destroyed.
The third fair use factor favors fair use for the purchased library copies converted from print to digital.
Fair use favors the destruction to avoid accidental surplus copying of the source material. It doesn't require it. If Anthropic put everything in a warehouse, they could keep it in the warehouse... but they couldn't do anything with them afterwards. They couldn't sell them as books or donate them as that would mean that it wasn't fair use and copyright infringement would have taken place once that additional copy was distributed again. At that point, fair use and economics both favor destroying the original.
If I make a DVD copy of an old VHS tape that I own, that's fair use format shifting. I can keep the VHS tape without issue. I cannot donate it to the library or put it out in a garage sale. When I got rid of my VHS player, I threw out VHS tapes too since they were of no use and only cluttered my shelf.
The relevant part of the ruling starts on page 27.
Fair use favors the destruction to avoid accidental surplus copying of the source material. It doesn't require it. If Anthropic put everything in a warehouse, they could keep it in the warehouse... but they couldn't do anything with them afterwards. They couldn't sell them as books or donate them as that would mean that it wasn't fair use and copyright infringement would have taken place once that additional copy was distributed again. At that point, fair use and economics both favor destroying the original.If I make a DVD copy of an old VHS tape that I own, that's fair use format shifting. I can keep the VHS tape without issue. I cannot donate it to the library or put it out in a garage sale. When I got rid of my VHS player, I threw out VHS tapes too since they were of no use and only cluttered my shelf.