I'm not going to absolve Anthropic here (even though I am a satisfied customer). They could probably get a court decision that it's fair use to non-destructively scan books and keep the physical books, legal inability to directly distribute the results notwithstanding. And they certainly have enough money to pay for some old salt mines or whatever, or fund a library-type institution to do so.

What I'm indicting is the copyright regime being primarily focused on control and the prevention of dissemination. We can imagine a different world in which the publishers' suit against the Internet Archive went the other way (or was not even brought), and a public interest group sues Anthropic (et al) for destroying cultural commons, and gets a judgement saying all scanning must be done non-destructively and made available through institutions like the Internet Archive.