Judge Alsup has asked the parties in Bartz v. Anthropic to address 5 hypothetical cases. These questions appear to be testing whether the fair use analysis is affected if the source of the work used by the defendant is a pirated source, in Judge Alsup’s Case 2, the “notorious counterfeiter knowns as Books ‘R” Cheap.…

In addition to Meta’s motion for partial summary judgment on fair use, we now have a second motion, this one brought by Anthropic, in the lawsuit filed by Andrea Bartz and other writers. Here’s a preview of the arguments by Anthropic: Download the brief below: Related Stories:

Judge Alsup granted in part the defendant Anthropic’s request to alter the scheduling order, but rejected its request to make the summary judgment motion on fair use defense come before the potential class certification. Instead, Judge Alsup made them simultaneous: “Court ordered the following deadlines, modifying 49 Case Management Scheduling Order:Motion for Class Certification, opening…