The copyright infringement in Google's case was not illegally obtaining the original work, it was about the snippets they provided.

In OpenAI's case, it is also about the illegal obtainment (downloading) of the original work, which they admit to in their brief, but argue shouldn't be illegal if they intend only to transform it. That element was not present in AGI v Google.

> Perhaps the most compelling case on point is Authors Guild v. Google. There, search engine Google digitally scanned “tens of millions of books” without their authors’ permission for inclusion in a searchable digital database.