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I don't see why it would qualify as fair use.

OpenAI are building a product to offer to the public for profit.

If I employ 10,000 humans to read books and provide summaries or texts "inspired by" those books, I need to pay for the copies of the books those humans read.

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>OpenAI are building a product to offer to the public for profit.

So was google books.

>If I employ 10,000 humans to read books and provide summaries or texts "inspired by" those books, I need to pay for the copies of the books those humans read.

IANAL, but that would be perfectly legal. Summaries aren't copyrightable, and if you can acquire the book free but legally (eg. library, borrowing from a friend, buying it from a store and then returning it), there's nothing the publisher can do.

The summary is also copyrighted by the author, but it is a different copyright than the book. Probably also a bit thinner copyright than the book. Mere collections (notably, an alphabetized ordering of name and corresponding telephone number) is effectively not copyrighted, since it requires no creativity. A summary, though, requires quite a bit of creativity: what to emphasize, how to compress the ideas and arguments into a concise statement, etc.

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