The LLM could reproduce the whole library quicker than a person could reproduce a single book.
When for-profit companies seek access to library material they pay a much much higher price.
Also: GPT is not a legal entity in the united states. Humans have different rights than computer software. You are legally allowed to borrow books from the library. You are legally allowed to recite the content you read. You're not allowed to sell verbatim recitation of what you read. This is, obvious, I think? But its exactly what LLMs are doing right now.
Suppose I research for a book that I'm writing - it doesn't matter whether I type it on a Mac, PC, or typewriter. It doesn't matter if I use the internet or the library. It doesn't matter if I use an AI powered voice-to-text keyboard or an AI assistant.
If I release a book that has a chapter which was blatantly copied from another book, I might be sued under copyright law. That doesn't mean that we should lock me out of the library, or prevent my tools from working there.
The other question, which I think is more topical to this lawsuit, is whether the company that trains and publishes the model itself is infringing, given they're making available something that is able to reproduce near-verbatim copyrighted works, even if they themselves have not directly asked the model to reproduce them.
I certainly don't have the answers, but I also don't think that simplistic arguments that the cat is already out of the bag or that AIs are analogous to humans learning from books are especially helpful, so I think it's valid and useful for these kinds of questions to be given careful legal consideration.
Fortunately, the computer isn't the one being sued.
Instead it is the humans who use the computer. And those humans maintain their existing rights, even if they use a computer.
No, they're not. This is The New York Times (a corporation) vs OpenAI and Microsoft (two more corporations).
OpenAI is run by humans as well though.
So the same argument applies.
Those humans have fair use rights as well.