The judge explicitly ruled that training on the books was fine.
They just should have bought them, rather than pirating them.
Also LLM output is not IP (in itself) in the first place, nor would Anthropic want to claim it is and that they have rights to it - that would drive paying customers away.
The issue comes down to at most ToS violations.
> They just should have bought them, rather than pirating them.
Bought, scanned and destroyed them I believe. The judge okay'd Destructive Scanning.
Destruction is not necessary. Google Books is a solid precedent. You can keep the content, you just can't make significant parts publicly available
> The court also held that the third factor favored fair use as to the purchased library copies converted from print to digital because the purpose of the copying was to keep the books in its library but with more favorable storage and searchability properties. This purpose required copying, there was no surplus copying and the source copy was destroyed. With respect to the pirated copies, however, the court held that because “Anthropic lacked any entitlement to hold those copies” and retained them “even after deciding it would not make further copies from them for training,” this third factor weighed against Anthropic for that particular use.
https://www.loeb.com/en/insights/publications/2025/07/bartz-...
You need to destroy the _physical copy_ that you scanned.