On Monday, court documents revealed that AI company Anthropic spent millions of dollars physically scanning print books to build Claude, an AI assistant similar to ChatGPT. In the process, the company cut millions of print books from their bindings, scanned them into digital files, and threw away the originals solely for the purpose of training AI—details buried in a copyright ruling on fair use whose broader fair use implications we reported yesterday.
The 32-page legal decision tells the story of how, in February 2024, the company hired Tom Turvey, the former head of partnerships for the Google Books book-scanning project, and tasked him with obtaining "all the books in the world." The strategic hire appears to have been designed to replicate Google's legally successful book digitization approach—the same scanning operation that survived copyright challenges and established key fair use precedents.
While destructive scanning is a common practice among smaller-scale operations, Anthropic's approach was somewhat unusual due to its massive scale. For Anthropic, the faster speed and lower cost of the destructive process appear to have trumped any need for preserving the physical books themselves.
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.