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Judge Chhabria asks whether “only real legal question to be presented at summary judgment is whether [Meta’s training AI model with copyrighted works] constituted ‘fair use’ within the meaning of copyright law”

In the Kadrey v. Meta Platforms lawsuit, an important status conference will occur on Friday, Sept. 20, at 10:00 AM PT by videoconference only.

Judge Chhabria just issued an interesting order, skeptical of the plaintiffs’ motion to extend the case schedule.

Based on previous filings, the Court has been under the impression that there’s no real dispute about whether Meta fed copyrighted works to its AI programs without authorization, and that the only real legal question to be presented at summary judgment is whether doing so constituted “fair use” within the meaning of copyright law. If that’s correct, it’s difficult to understand why adjudication of that issue at summary judgment should be delayed beyond March 2025

Well, one reason for the plaintiffs’ motion to extend the case schedule is that they haven’t taken any depositions yet and discovery will close on Sept. 30. Magistrate Judge Hixson denied their request to notice 35 depositions so close to the discovery deadline.

Here’s the reschedule set of deadlines the plaintiffs are seeking:

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