Category: Judge Chhabria

Kadrey book authors to Meta: Illegal file sharing of pirated book datasets is not fair use. File sharing is separate use from AI training.

The Kadrey Plaintiffs, represented by David Boies’ law firm, filed its reply in support of their own motion for partial summary judgment on the issue of Meta’s alleged infringement in engaging in putatively illegal file sharing (via torrenting) of “shadow libraries” consisting of millions of copies of “pirated books.” The Kadrey brief is well-written and…
Read more: Kadrey book authors to Meta: Illegal file sharing of pirated book datasets is not fair use. File sharing is separate use from AI training.
EFF files amicus brief v. Kadrey partial summary judgment motion. Fair use is fact specific, not contingent on avoiding torrenting of books dataset. EFF takes no position on Meta’s fair use

Following the amici brief of Harvard Law Professor Rebecca Tushnet in support of Meta’s fair use defense, EFF filed its own amicus brief in support of the opposition against the Kadrey plaintiffs’ motion for partial summary judgment of infringement based on Meta’s torrenting / seeding of the controversial shadow or pirated books dataset(s). EFF takes…
Read more: EFF files amicus brief v. Kadrey partial summary judgment motion. Fair use is fact specific, not contingent on avoiding torrenting of books dataset. EFF takes no position on Meta’s fair use
Judge Chhabria allows amici briefs for Meta’s and Kadrey’s summary judgment motions on fair use and infringement

Sua sponte, Judge Chhabria issued an order allowing other amici briefs in support of Meta’s fair use defense and Kadrey’s claim of infringement on Meta’s torrenting of books datasets from so-called shadow or pirated libraries. ORDER. Any amicus briefs in support of Meta must be filed by April 3. Yes, that’s tomorrow! [A]ny in support…
Read more: Judge Chhabria allows amici briefs for Meta’s and Kadrey’s summary judgment motions on fair use and infringement
Judge Chhabria grants motion of Harvard Law Prof. Rebecca Tushnet to file amici brief for IP professors in support of Meta’s fair use defense

Surprise, surprise. This is no April Fool’s day joke. Judge Chhabria granted today’s motion for leave to file an amici brief in support of Meta’s fair use defense, filed by Harvard Law Professor Rebecca Tushnet on behalf of herself and several IP professors Matt Sag, Zahr Said, and Jessica Silbey. Judge Chhabria has repeatedly stressed…
Read more: Judge Chhabria grants motion of Harvard Law Prof. Rebecca Tushnet to file amici brief for IP professors in support of Meta’s fair use defense
Judge Chhabria sternly warns Meta not to hold back relevant discovery, citing “magnitude of this case”

Judge Chhabria is not one to mince words. Once again, he’s stressed he importance of the Kadrey v. Meta lawsuit. Plus, he has given another stern warning to Meta to refrain from engaging in any discovery abuse. ORDER: The Court declines at this late stage to address the plaintiffs’ assertion (in their 487 opposition to…
Read more: Judge Chhabria sternly warns Meta not to hold back relevant discovery, citing “magnitude of this case”
Judge Chhabria allows Meta to file rebuttal expert report on controversial issue of leeching during torrenting files

As we predicted, Judge Chhabria granted Meta’s request to file a rebuttal expert report on the issue of “leeching” of torrented files. ORDER: Related Stories
Read more: Judge Chhabria allows Meta to file rebuttal expert report on controversial issue of leeching during torrenting files
Meta seeks a rebuttal expert report and depositions of its experts on “leeching” of files in torrenting

Meta is asking Judge Chabbria to allow them to conduct further expert depositions and to file a rebutal expert report about the process of “leeching” of torrented files (meaning sharing the files with others while also downloading them). Meta says that the Kadrey plaintiffs have invoked leeching in its motion for partial summary judgment, yet,…
Read more: Meta seeks a rebuttal expert report and depositions of its experts on “leeching” of files in torrenting
Judge Chhabria tells parties in Kadrey v. Meta to not over-seal briefs for summary judgment. Warns of sanctions.

ORDER. Given the public interest in this case, the parties are ordered to confer no later than two business days after the filing of each summary judgment brief to decide what, if anything, should be left redacted in that brief. The parties must file new versions of the briefs (as well as a new request…
Read more: Judge Chhabria tells parties in Kadrey v. Meta to not over-seal briefs for summary judgment. Warns of sanctions.
Kadrey plaintiffs seek partial summary judgment that Meta’s torrenting of book files from pirated datasets is infringement, not fair use. Motion does not cover DMCA claim, fair use during training, or remedies.

The Kadrey plaintiffs filed their motion for partial summary judgment. They ask the court to rule that Meta’s use of torrenting to download while allowing others to upload pirated copies of books from so-called shadow libraries. This unauthorized torrenting does not constitute fair use, the plaintiffs assert, citing the Second Circuit’s decision in Hachette v.…
Read more: Kadrey plaintiffs seek partial summary judgment that Meta’s torrenting of book files from pirated datasets is infringement, not fair use. Motion does not cover DMCA claim, fair use during training, or remedies.
Judge Chhabria grants additional discovery proposed by Kadrey plaintiffs v. Meta

Judge Chhabria accepted the proposed additional discovery of the plaintiffs: ORDER. The plaintiffs’ proposal for additional discovery is adopted. If it becomes apparent during the course of briefing on the parties’ cross-motions for summary judgment that it would be unfair to Meta to preclude it from adding another expert to respond to the plaintiffs new…
Read more: Judge Chhabria grants additional discovery proposed by Kadrey plaintiffs v. Meta