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.
But nobody was ever going to that, not when there are billions in VC dollars at stake for whoever moves fastest. Everybody will simply risk the fine, which tends to not be anywhere close to enough to have a deterrent effect in the future.
That is like saying Uber would have not had any problems if they just entered into a licensing contract with taxi medallion holders. It was faster to just put unlicensed taxis on the streets and use investor money to pay fines and lobby for favorable legislation. In the same way, it was faster for Anthropic to load up their models with un-DRM'd PDFs and ePUBs from wherever instead of licensing them publisher by publisher.
And thank god they did. There was no perfectly legal channel to fix the taxi cartel. Now you don't even have to use Uber in many of these places because taxis had to compete - they otherwise never would have stopped pulling the "credit card reader is broken" scam, taking long routes on purpose, and started using tech that made them more accountable to these things as well as harder for them to racially profile passengers. (They would infamously pretend not to see you if they didn't want to give you service back when you had to hail them with an IRL gesture instead of an app..)
But I know what I'm going to pay up-front, can always pay with a credit card (which happens automatically without annoying post-trip payment), the ride is fully tracked, and I can report issues with the driver that I have an expectation will actually be acted upon. And when I'm in another country where there are known to be taxis that scam foreigners, Uber is a godsend.
Yes, pre-Uber taxis were expensive and crappy, and even if Uber is expensive now, it's not crappy; it's actually worth the price. And I'm not convinced Uber is even that expensive. We always forget to account for inflation... sure, we might today say, "that ride in a taxi used to cost $14, but in an Uber it costs $18". But that ride in a taxi was 15 years ago.