One of the most controversial aspects in the copyright lawsuits against AI companies is how courts should weigh the companies’ use of controversial “shadow libraries” consisting of unauthorized or “pirated” copies of books others have compiled and made available online. These shadow libraries have provoked condemnation from book authors and a fair amount of media attention.
Both Judges Chhabria and Alsup raised this very question–and their concerns–during the hearings for summary judgment respectively in Kadrey v. Meta and Bartz v. Anthropic.
Below is a preview of my analysis in my forthcoming article “Fair Use and the Origin of AI,” which you can download at SSRN; the article will be published this year by the Houston Law Review.
Preview of my analysis of AI companies’ use of shadow libraries under fair use
Related Stories