Meta filed its opposition to the Kadrey plaintiffs’ motion for partial summary judgment on the issue of whether torrenting the allegedly pirated books dataset(s) is infringement as a matter of law.
Meta also filed its own motion for partial summary judgment (although not clear why it’s partial) for a finding that (1) Meta’s development of Llama model with copyrighted works of the plaintiffs is a fair use, regardless of the provenance of the materials used, and (2) plaintiffs’ DMCA CMI claim fails.
Meta’s argument on factor 1 of fair use and the purpose of use
Here’s Meta’s argument on Factor 1. It relies heavily on the Google Books decision from the Second Circuit, as well as Kelly, Hathitrust,
meta’s argument on “pirated” books dataset issue for Factor 1
Meta argues that the use of alleged “pirated” books dataset shouldn’t weigh against fair use. Fair use does not require an analysis of good faith or bad faith. Obviously, this has turned into a major issue. Meta devotes several pages addressing it.
table of contents
Download Meta’s motion below:
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