I don't disagree with that.
What I'm saying is that the judge ruled that training a model using copyrighted books wasn't derivative. It was transformative, so the training wasn't a copyright violation.
He then went on to say that the way Anthropic acquired and handled that material was a copyright violation because Anthropic pirated and copied a large number of books that were not under a license like the ones you mentioned. The downloaded a bunch of books you would find at most bookstores and then actually purchased copies of them much later once they were accused of violation copyrights.
I'm just trying to make that clear because I've heard a lot of people who don't understand that the violation wasn't about the act of training or material they used, it was just how they acquired the training material.