Judge Chhabria denied the request of the Kadrey book authors to certify for interlocutory appeal to the Ninth Circuit the judge’s ruling on the initial downloading of copies of books used to train Meta’s AI models.
The order states:
The motion for leave to file an interlocutory appeal is denied. To be sure, the issue presented in the motion is a difficult one, and Judge Alsup’s opinion makes a good point. But it won’t be long before a final judgment is entered in at least one of the Meta cases before this Court. That judgment will allow the issue presented in the current motion, along with many other important issues relating to the use of copyrighted materials in the training of AI models, to be presented to the Court of Appeals as part of a tidy package.
Judge Chhabria