Dumpsters also don't typically come equipped with a robot scanner and network uplink built in.
Like, I really don't know what people objecting to this imagine typically happens to old, unwanted books. They don't get sent to some magical library in the countryside if unpurchased where they are carefully maintained forever (next to where Rover spends the rest of his days). They are very literally thrown into the trash.
That said, I'd be thrilled if the US government required AI companies to make them available to the public. I'd even settle for the US government making it legal for them to.
The Internet Archive tries to be that magical library, but they can only scan and physically archive what is sent to them.
They're buying the books from resellers, not rescuing these books from dumpsters. Stop being an apologist.