NVIDIA argues that its AI models don’t use the books the way humans do; neither do they reproduce them. It’s simply examining the ‘facts and ideas’ in the books, ‘transforming’ their original purpose to build a complex AI model. That qualifies as fair use, they state.

“Plaintiffs cannot use copyright to preclude access to facts and ideas, and the highly transformative training process is protected entirely by the well-established fair-use doctrine.