Ten days ago, Harvard Law Professor Rebecca Tushnet filed an amicus brief on behalf of her and other copyright scholars in support of Meta’s defense of fair use in Kadrey v. Meta.
That opened the door to other amicus briefs to be filed. After Tushnet’s motion for leave to file an amicus brief, Judge Chhabria allowed amicus briefs generally for both sides. Today was the deadline for amicus briefs in support of the Kadrey book authors.
The International Association of Scientific, Technical and Medical Publishers just submitted one in support of the Kadrey book authors’ motion for partial summary judgment. That motion seeks a finding that Meta’s torrenting of various “pirated” books datasets constitutes infringement as a matter of law.
This amicus brief is well-written. It paints a shady, if not criminal, picture of various illegal websites that are making and distributed pirated copies of published books and journals. And it lambastes Meta for referring to these illegal sources as “publicly available datasets.”
“[W]hen Meta downloaded and distributed infringing material through BitTorrent, Meta’s conduct not only extended to those in the BitTorrent swarm at that time – it enabled further downstream dissemination ad infinitum of the works, through torrenting and otherwise.”
-Amicus brief of The International Association of Scientific, Technical and Medical Publishers
DOWNLOAD International Association of Scientific, Technical and Medical Publishers AMICUS BRIEF BELOW
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