Bartz v. Anthropic parties file briefs on Google Books initial copying and fair use. Judge Alsup also tells parties he’s likely to go inactive status before end of 2025.

At Thursday’s hearing on Anthropic’s motion for summary judgment on fair use, Judge William Alsup told the parties he’s inclined to find in favor of Anthropic’s fair use defense (though he could change his mind). But he asked the parties to brief a question on the main precedent relied on by Anthropic: “(1) “In the Google Books decision did the decision expressly and explicitly say that the original copying by the universities or by Google at the universities was protected by fair use?” and (2) “Was it briefed?”

The parties filed their briefs on Friday. See below.

In a separate notice, Judge Alsup told the parties they can start negotiating a class settlement even before class certification: “We are far enough along that any settlement should come sooner rather than later if the parties prefer that the undersigned judge manage the class approval process, given that the judge will likely take inactive status before the end of the year.”

Judge Alsup, who is 79 years old, said he’s likely to go inactive before the end of 2025.

Excerpts from Bartz’s brief