[CJefferson]

For it to be fair use, they still have to have legally owned the book (as far as I understand).

You can't steal a book, photocopy some pages, then claim the photocopied pages are fair use.

[roguas]

I think you can. It is a separate "crime". You would get 2 cases one for fair use (which if you are quoting, commenting, reviewing, generally repurposing content and it is in fact fair) and second case for license/terms breach and/or illegally obtaining this piece of work(for example if you stolen it from bookstore).