Comment by suyjuris

Yes, of course! In this case, the judge identified three separate instances of copying: (1) downloading books without authorisation to add to their internal library, (2) scanning legitimately purchased books to add to their internal library, and (3) taking data from their internal library for the purposes of training LLMs. The purchasing part is only relevant for (2) — there the judge ruled that this is fair use. This makes a lot of sense to me, since no additional copies were created (they destroyed the physical books after scanning), so this is just a single use, as you say. The judge also ruled that (3) is fair use, but for a different reason. (They declined to decide whether (1) is fair use at this point, deferring to a later trial.)