Comment by schoen

Can you find a citation for this? I have heard this claimed rule recently from other people, and I haven't seen this decision (nor do I know what level of court or jurisdiction it might be). This is not a rule that I heard many years ago when working on and adjacent to copyright issues (including book scanning!), although of course the issue has been newly litigated again recently, so there may be new interpretations coming out.

Edit: Someone else linked to an order in Bartz v. Anthropic which appears to emphasize that destroying the original copies improved the defendant's position with respect to the fair use analysis. Is that the decision you're thinking of?