Destroy the Original, or It's Not Fair Use
The physical process is deliberately destructive: books are run through hydraulic cutting machines that slice off the spine, then fed through high-speed scanners that digitize every page before the paper is recycled, leaving no physical copy behind [1]. That speed and cost advantage - a guillotined book feeds through production scanners far faster than a bound one - is part of what makes buying and destroying books at industrial scale economically attractive to AI labs [1]. Anthropic's own vendor proposals reportedly discussed converting between 500,000 and 2 million books over a six-month window [2].
What makes this legally viable in the US is a narrow ruling: Judge William Alsup found that destructively scanning a legally purchased physical book into a single digital copy - one copy in, one copy out - is transformative fair use under the first-sale doctrine [3]. That ruling only covers books AI companies bought outright; it is explicitly separate from Anthropic's earlier use of pirated books, which was not protected and led to a $1.5 billion settlement, the largest copyright settlement in US history [4]. The upshot is a strange incentive structure: destroying the original isn't a side effect of scanning, it's the condition that keeps the practice legal, since scanning without destroying would multiply copies rather than merely change format.



