That seems to be a misunderstanding of what's disputed. One fact that is disputed is whether or not the use of the work qualifies as fair use and the judge determined that it is because the result is sufficiently transformative. Another disputed fact is whether the books were acquired legally and the judge determined that they were not. The reason the case is still ongoing is to determine Anthropic's liability for illegally acquiring copies of the books, not to determine the legal status of the LLMs.