- Judge Chhabria granted partial summary judgment to Meta on both the copyright claim related to AI training, which the judge held was fair use, and the DMCA CMI removal claim.
- One remaining part of the lawsuit is the infringement claim related to Meta’s alleged uploading of copies of pirated books of plaintiffs (leeching) while torrenting them.
- Kadrey plaintiffs and Meta disagree on whether the case should proceed forward on that claim.
- Kadrey wants the case to proceed in the district court on the outstanding uploading claim with supplemental briefing in August 2025.
- Meta wants the entry of partial final judgment on what Judge Chhabria has already decided and allow an appeal to the 9th Circuit, while staying the outstanding claim.
- Meta also states that Kadrey initially supported the latter approach, but changed their mind. Kadrey refutes that assertion.
In Kadrey v. Meta, the parties filed their statements on how they believe Judge Chhabria should proceed.
There’s one outstanding item left in the case related to the alleged infringement by Meta in uploading copies of pirated books (leeching) during the process of torrenting them (including downloading) from shadow libraries.
As Judge Chhabria ruled in his order on fair use: “But Meta’s alleged distribution must be addressed independently (unless, maybe, its acquisition necessarily involved distribution, which does not appear to be the case, see Pls. Ex. 67 at 106:14–108:25, 246:13–248:23, 270:12–16 (explaining that default settings could be changed such that leeching was not always occurring)). Even if the plaintiffs had moved for summary judgment as to whether any distribution was fair use, the record on Meta’s alleged distribution is incomplete, making summary judgment on that issue improper at this point in the case. See Order Granting as Modified Meta’s Request for Leave to File a Rebuttal Expert Report, Dkt. No. 499 (giving Meta leave to serve supplemental expert report on distribution, with deadline after Meta’s deadline to oppose the plaintiffs’ motion for summary judgment).”
Interestingly, Meta said in the joint statement that Kadrey initial stated their intention of supporting the grant of partial final judgment and of seeking an immediate appeal on the judgment to the 9th Circuit.
But, according to Meta, Kadrey changed their minds and now want the case to proceed before Judge Chhabria on the outstanding uploading claim with supplemental briefing in August 2025 and a potential hearing on August 28, 2025. Kadrey disputes they ever “took a position” at the conference with Meta, but do recommend that Judge Chhabria proceed to decide the outstanding claim on uploading.
Meta, however, recommends that Judge Chhabria enter a partial final judgment and staying the outstanding part of the case.
Both sides agree that class certification (if any) should proceed after the court has resolved the outstanding uploading claim.
DOWNLOAD THE JOINT CASE MANAGEMENT STATEMENT:
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One response to “Kadrey, Meta disagree on how to proceed after Judge Chhabria’s partial summary judgment. Kadrey wants supplemental briefing on Meta’s alleged uploading of book copies. Meta wants partial final judgment.”
I appreciate how you always take the time to explain things so clearly.