The court’s ruling explicitly depended on the fact that Anthropic does not allow users to retrieve significant chunks of copyrighted text. It used the entire copyrighted work to train the weights of the LLMs, but is configured not to actually copy those works out to the public user. The ruling says that if the copyright holders later develop evidence that it is possible to retrieve entire copyrighted works, or significant portions of a work, then they will have the right sue over those facts.

But the facts before the court were that Anthropic’s LLMs have safeguards against distributing copies of identifiable copyrighted works to its users.