Right, it's not just that they saw the thing but also how they use the knowledge later.
To demonstrate this "what you do next matters" part, assume I get a book from the library and I read it, and I have perfect memory. So far, no problem, even with my fantastical memory. However what I do next matters:
A. I quote several short pieces of the book in a written critique. Fair use.
B. I use what I know to create a statistical breakdown of the author's favorite words and phrases. That's fine too.
C. I retype my own book which is 90% identical to the original and I publish it for money. Nuh-uh. Legal problems abound.
We can debate whether or not these companies are crossing the line, but the line does depend on what they do with the information, not just how they got it.
To demonstrate this "what you do next matters" part, assume I get a book from the library and I read it, and I have perfect memory. So far, no problem, even with my fantastical memory. However what I do next matters:
A. I quote several short pieces of the book in a written critique. Fair use.
B. I use what I know to create a statistical breakdown of the author's favorite words and phrases. That's fine too.
C. I retype my own book which is 90% identical to the original and I publish it for money. Nuh-uh. Legal problems abound.
We can debate whether or not these companies are crossing the line, but the line does depend on what they do with the information, not just how they got it.