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Shadow Library Strategy strikes yet again: Kleiner v. Adobe is 81st copyright suit v. AI companies

A copycat of the Lyon v. Adobe lawsuit, Kleiner v. Adobe is the 81st copyright lawsuit filed against AI companies in the United States.

Excerpt:

DOWNLOAD THE COMPLAINT IN KLEINER V. ADOBE

The Shadow Library Strategy

The Shadow Library Strategy involves making a separate infringement claim based on the initial downloading or torrenting of datasets from so-called shadow libraries or online repositories, such as Library Genesis or Anna’s Archives.

The Bartz v. Anthropic fair use decision breathed life into this strategy by treating as a separate use Anthropic’s acquisition of copies of books from shadow libraries and what the court found, for the purposes of rejecting a defense of fair use, the purpose of storing the copies in a permanent, general library at Anthropic.

Other cases that are trying to employ the Shadow Library Strategy (separating acquisition from training) are sometimes called “Bartz II.”

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