[stillold]

There is an interesting argument here.

If Google was selling brand new books created only by taking snippets from other books, that would also fall under fair use?

[gruez]

They would, but openai isn't explicitly doing that either. You can probably smuggle a full copy of a book via snippets, but that doesn't put google on the hook for copyright infringement. Likewise if openai makes you jump through hoops to produce works verbatim they should be in the clear.