> The important context here you may be missing is that this entire opinion is in the context of Hachette v. Internet Archive where non-destructive digitization was ruled not fair use.
It's really strange to argue that the opinion is "in the context of" Hachette when it's not mentioned even once, but okay. The linchpin of that case was that Internet Archive was providing complete copies of the digitized works to others via a digital lending system (not free-for all downloads, but still allowing other people access). That case is also completely irrelevant here because Anthropic was emphatically NOT giving other parties access to the copyrighted works, on whole or in part.
There was also nothing about destructive vs non-destructive digitization in Hachette v. Internet Archive. That's really reaching for straws, man.
> The judge further makes this clear when at the end of the opinion, when the analysis is summarized on page 30 and 31, they write "On balance, as the purchased print copy was destroyed and its digital replacement not redistributed, this was a fair use."
Highlighted the relevant part you keep skipping over. Hope you see it this time.
> So if Anthropic had not engaged in the destruction, they might have won still on that
No, because it was decided Anthropic was engaging in fair use through three separate, existing cases and none of them had anything to do with destruction of anything. Let me re-quote the only thing you need to take away from all this:
"Anthropic was entitled to retain a copy of these works in a print format."
Since you cannot be both entitled to retain the physical copy, AND be legally obliged to destroy the physical copy, everything you are arguing is still, and forever will be, bullshit. Digitizing the works for easier reference and processing is fair use (Texaco, Google Books), and doing so did not materially impact the copyright holder's interests (Sony). That is what makes Anthropic's acts fair use. Destroying the physical copies is barely a footnote in this case.
=Smidge=