Copyright infringement is in most cases tortious rather than criminal.

This clearly meets the scale requirements for criminality.

It's not really scale so much as circumvention; what got criminalized was circumventing protection mechanisms which AFAICT Anthropic didn't do

That is not the only thing that is criminalised. This clearly violates 506(a)(1)(A): copyright infringement for commercial advantage is criminal.

https://www.law.cornell.edu/uscode/text/17/506#a_1_A