If I didn’t license all the books I trained on, am I not depriving the publisher of revenue, given people will pay me for the AI instead of buying the book?
As the judge noted in this ruling, copyright isn’t intended to protect authors from competition. Copyright doesn’t protect Rowling from other authors writing YA wizard books cutting into her revenue streams. Or from TV producers making YA wizard shows that reduce the demand for books. Copyright doesn’t protect the Tolkien estate from Terry Brooks, or Tracy Hickman or Margret Weiss reducing the demand for Tolkien fantasy by supplanting it with their own fantasies.