Comment Re:So what (Score 1) 137
> So, let me suggest tentatively that given that you weren't even aware this order existed until a few minutes ago, and thought that there was just a settlement should make you slightly less confident about this conclusion
Yeah no. The part I cited, is cited because it is the only relevant part with regards to mandating anything be destroyed. You are insisting that destruction is necessary for legal compliance, which is 100% bullshit.
If it soothes your soul, I'll quote the document you linked;
"This order grants summary judgment for Anthropic that the training use was a fair use. And, it grants that the print-to-digital format change was a fair use for a different reason."
Even if they had not argued that destruction of the books was part of what made the effort "transformative" - they had already demonstrated that scanning the books was inherently fair use and transformative because the other cases they cited covered everything they were doing and were already ruled fair use. The destruction and therefore avoidance of creating an "additional copy" is merely icing on the cake; they were in the clear even without that argument. It is basically without consequence.
You keep quoting Anthorpic's arguments, try actually reading what the judge thought of those arguments?
Digitizing the books counts as fair use in this case for exactly the same reason as it does in the Google Books case because it fundamentally changes the way the media is interacted with ("eased storage and enabled searchability"), and in the Sony case because it "was not done for purposes trenching upon the copyright ownerâ(TM)s rightful interests." (page 14)
Further, "As a result, Anthropicâ(TM)s format-change from print library copies to digital library copies was transformative under fair use factor one. Anthropic was entitled to retain a copy of these works in a print format. It retained them instead in a digital format, easing storage and searchability." Emphasis mine. Anthorpic was under no obligation to destroy the books, but being the legal owners of the physical copies had the right to do with them as they pleased, including destruction, insofar as copyright was not violated. (Page 17)
Further further, "To be clear, this print-to-digital conversion involved a different and narrower form of transformative use than the broader one advanced by Anthropic. Anthropic argues that the central library use was part and parcel of the LLM training use and therefore transformative. This order disagrees. However, this order holds that the mere conversion of a print book to a digital file to save space and enable searchability was transformative for that reason alone." Emphasis mine. The judge ackno0wledges thay they did not create additional copies, but flatly rejects the idea that destruction of the physical originals makes the act transformative and fair use. It is merely transformative in the same sense as the Texaco and Google cases, where digitization improves access or convenience. This is directly opposed to your conclusion that the destruction was a necessary and "major" reason it was transformative. It was literally meaningless. (page 18)
Anthropic had every right to retain the physical copies if they saw fit; it was just easier for them to destroy the books as part of the scanning process. You're allowed to destroy your own property and that has no weight one way or the other in terms of copyright.
=Smidge=