The argument is so bad that a part of me is starting to wonder if it might be a deliberate signal from a judge under extrajudicial pressure. Like a hostage trying to blink morse while reading a message from his captors into the camera.
"Do what they ask for but do it so badly that perhaps some people start asking the right questions"
It's both. The court has ruled that they can't make a copy of the book, but if they scan and destroy the original then it's fine because it's not creating additional copies.
By that insane logic a digital copy isnt a copy. So a digital copy of a bluray isnt a copy either. I guess piracy isnt piracy as long as i destroy the original. Sweet! Are we finally seeing the "lets treat digital as if corporial" concept crumbling?
Even if you ignore the nonavoidable copies which happen during normal usage of digital files there is no way they don't dozens of different real copies of their training dataset across many different servers accessible by many people.