"While destructive scanning is a common practice among some book digitizing operations, Anthropic's approach was somewhat unusual due to its documented massive scale. By contrast, the Google Books project largely used a patented non-destructive camera process to scan millions of books borrowed from libraries and later returned. For Anthropic, the faster speed and lower cost of the destructive process appears to have trumped any need for preserving the physical books themselves, hinting at the need for a cheap and easy solution in a highly competitive industry.
Ultimately, Judge William Alsup ruled that this destructive scanning operation qualified as fair use—but only because Anthropic had legally purchased the books first, destroyed each print copy after scanning, and kept the digital files internally rather than distributing them. The judge compared the process to "conserv[ing] space" through format conversion and found it transformative. Had Anthropic stuck to this approach from the beginning, it might have achieved the first legally sanctioned case of AI fair use. Instead, the company's earlier piracy undermined its position."
https://arstechnica.com/ai/2025/06/anthropic-destroyed-millions-of-print-books-to-build-its-ai-models/
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