Do you just believe this or was this tested in court yet? I haven't been following the various lawsuits on this issue closely but I had thought that, so far, they were leaning towards fair use.

I believe it, and I don’t think it’s been significantly tested.

It’s hard to see how mixing (copying!) a bunch of books into a computer algorithm to produce (commercially!) content that might itself easily be incorporated into a book in the same market could possibly be fair use.