Marc Benioff sparked backlash this past week for his comments in favor of bringing in the National Guard to San Francisco. Benioff later did damage control on Twitter. But it might be too little too late.
To make matters worse, yesterday, book authors E. Molly Tanzer and Jennifer Gilmore, represented by the Joseph Saveri Law Firm, based in San Francisco, filed a class action copyright infringement lawsuit against Salesforce. The Complaint alleges that Salesforce used pirated books datasets to train its AI model(s).
complaint in Tanzer v. salesforce
33. In March 2022, Salesforce released its CodeGen series of LLMs.
“[a]ll variants of CODEGEN are firstly pre-trained on the Pile.”7 Within The Pile is the Books3 dataset containing Plaintiffs and Class members’ works. Accordingly, Salesforce downloaded and stored a copy of The Pile containing Books3 before March 2022 and used it to develop and train its CodeGen series of LLMs.
34. With this library of nearly 200,000 pirated books at its disposal, Salesforce decided to use Books3 for the development and training and of its next language model.
35. In June 2023, Salesforce released the XGen series of LLMs in a blog titled, “Long Sequence Modeling with XGen: A 7B LLM Trained on 8K Input Sequence Length” (“XGen Blog”). series consists of the XGen-7B-4K-base, XGen-7B-8K-base, and XGen-7B-{4K, 8K}-inst models. In its announcement, Salesforce provided a chart detailing the models’ pre-training data, which admits that “RedPajama-Books” was one of the training datasets:
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49. For example, in a January 2024 interview, Salesforce CEO Marc Benioff acknowledged that artificial intelligence companies “ripped off” training data to build their models, and that “all the training data has been stolen.”20 Benioff also stated, “There’s a pretty great company to be built on a standardized set of training data that lets all these companies play a fair . . . game and let the content creators . . . get paid fairly for their work. And I think that bridge has not yet been crossed. And that’s a mistake by the AI companies. Very easy to do.”21
50. Benioff is right—technology companies like Benioff’s own Salesforce that use the intellectual property of copyright holders like Plaintiffs and Class members should fairly compensate them. And that is why Plaintiffs bring this lawsuit.
This is copyright lawsuit No. 53 against AI companies and the 1st against Salesforce.
It is the 11th copyright lawsuit filed by the Joseph Saveri Law Firm against AI companies.
Excerpt from Complaint of Tanzer and Gilmore v. Salesforce







DOWNLOAD THE COMPLAINT OF TANZER
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