Specifically, the new allegations in this article revolve around their use BitTorrent, and that they thereby re-distributed the works — this would still be illegal even if their use of the works as training data for the LLMs itself is ruled to be "fair use".

I'm allowed to take the script of a play out of a library, and learn it (I'm less sure about the right to then perform it). I'm generally allowed to make photocopies for research purposes, libraries even have photocopiers available for public use (with noticed about copyright law right by them). But unless it's very old, I'm not allowed to sell (or even give away) complete photocopies of the entire play.