...so far.
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Those that want to this to go against Anthropic, keep in mind that authors themselves oppose this.
Also backing Anthropic's appeal, advocates representing authors—including Authors Alliance, the Electronic Frontier Foundation, American Library Association, Association of Research Libraries, and Public Knowledge—pointed out that the Google Books case showed that proving ownership is anything but straightforward.
This seems to one of those cases where 80 year old judge is just too old to understand what he's doing.