That's what discovery will be for, the complaint alleges that the likely source was libgen. Most of these authors haven't released DRM-free ebooks, and it seems

That's what discovery will be for, the complaint alleges that the likely source was libgen. Most of these authors haven't released DRM-free ebooks, and it seems unlikely that OpenAI has a large scale book scanning effort (and even if they did, that authors would likely claim that to be infringement itself.)