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Your claim "Imagine you individually copied and sold libgen" doesn't hold up because there are two parts, copying and selling. Copyright law considers the copying part to be a small civil offense punishable by a fine. It's the selling part that is much more highly illegal and can result in criminal punishment. OpenAI only did the copying part.

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That’s not true. I can ask ChatGPT for a verbatim copy of a licensed book. It’s been documented numerous times. I fail to see how, in the real world, a verbatim slightly changed version is different than a copy. But they’re selling ChatGPT, so effectively they’re selling access to libgen. So long as they can’t guarantee your unlicensed copyright won’t be reproduced verbatim, it is essentially reselling copyrighted material.

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