The piracy lawsuits have so far only deemed that obtaining books through pirating is a violation of copyright. Training the models on them and reselling model access has yet to be ruled illegal, from my understanding, even though there has been plenty of opportunity to.

Anthropic's crime wasn't stealing the contents of books and making a derivative work of it, but torrenting a shitload of books. Had they bought all the ebooks, I don't think the lawsuit would've gone anywhere.