Certainly, but debating the spirit behind copyright or even "how to regulate AI" (a vast topic, to put it mildly) is only one possible route these lawsuits could take.
I suspect that ultimately the winner is going to be business first (of course in the name of innovation), and the law second, and ethics coming last -- if Google can scan 129 million books [1] and store them without even a slap on the wrist [2], OpenAI and anyone of that size can most surely continue to do what they're doing. This lawsuit and others like it are just the drama of 'due process'.
[1] https://booksearch.blogspot.com/2010/08/books-of-world-stand... [2] https://www.reuters.com/article/idUSBRE9AD0TT/
https://law.justia.com/cases/federal/appellate-courts/ca2/13...
As for "what would Google do with all these book copies anyway if they can't make it public?", that has now been answered more directly than ever.