The Kadrey book authors are asking Judge Chhabria for additional discovery related to Meta’s alleged torrenting and use of the shadow libraries Anna’s Archives and Library Genesis.
Although Judge Chhabria granted summary judgment on Meta’s downloading from shadow libraries to train its AI models back in June, the remaining part of the case concerns Meta’s use of torrenting, which simultaneously may allow distribution of the files that Meta downloaded.
Kadrey argues that additional discovery is justified because they just discovered new information disclosed by Meta.
Kadrey brief
Because of Plaintiffs’ efforts since the fact discovery deadline, Meta has produced a steady stream of previously withheld documents replete with facts that are relevant on their own and that contradict (if not disprove) Meta’s earlier representations. See Appendix B.
In the last six weeks alone, Meta has produced: (1) torrenting records showing far greater copying and distribution of copyrighted works from notorious online piracy markets than previously disclosed; (2) a LibGen dataset Meta’s corporate deponent (and own torrenting expert) testified did not exist; and (3) documents reflecting corporate imprimatur of Meta’s torrenting. This new evidence is squarely relevant to the parties’ forthcoming expert reports on Meta’s torrenting and uploading of copyrighted works, yet it remains incomplete.
