I think that's a reasonable way to interpret the court's order, but unfortunately the judge didn't really articulate the consequences of training on pirated copies "not fair use" as clearly as I would have liked. Does that mean they're simply liable for infringement of those works, or does it mean that they'd be enjoined from using them altogether to train the model? The genie was out of the bottle; how could it be put back in?

Anthropic settled the case with the publishers just a few months later, leaving the question mostly unsettled still.