As we predicted from what transpired at the hearing last week, which was a disaster for Meta and Mark Zuckerberg, Judge Chhabria granted the Kadrey plaintiffs, represented by the David Boies law firm, their motion for leave to file a Third Amended Consolidated Complaint (TACC). The actual TACC is still under seal but will soon be filed and made public.
The TACC will
(1) re-add a DMCA CMI violation claim under Section 1202,
(2) add a new claim for an alleged violation of California Comprehensive Computer Data Access and Fraud Act, California Penal Code Section 502, and
(3) articulate new grounds for copyright infringement based on Meta’s alleged seeding of plaintiffs’ works in the course of torrenting pirated files from the LibGen dataset.
The David Boies law firm has transformed this lawsuit from one that was languishing into one that has put Meta on the defensive.The seeding issue alone is potentially disastrous for Meta’s defense.