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..)
Now, I see people at the airport walk over to the pickup lot, joining a crowd of others furiously messing with their phones while scanning the area for presumably their driver.
All the while the taxis waiting immediately outside the exit door were $2 more expensive, last time I checked.
I have no idea what I'm going to get with those taxis waiting immediately outside the exit door. Even in my home country, at the airport next to my city, I have no idea. I know exactly what I'm getting with an Uber/Lyft, every time. That's valuable to me.
I was just in another country a couple months ago, and when trying to leave the airport, I was confused where I'd need to go in order to get an Uber. I foolishly gave up and went for one of those "conveniently-waiting" taxis, where I was quoted a price up-front, in my home currency, that I later (after doing the currency conversion on the Uber price) realized was a ripoff. The driver also aggressively tried to get me to instead rent his "friend's car" rather than take me to the rental car place like I asked. And honestly I consider that lucky: he didn't try to kidnap me or threaten me in any way, but I was tense during the whole ride, wondering if something bad was going to happen.
That sort of thing isn't an anomaly; it happens all the time to tourists in many countries.