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Category: Kadrey v. Meta

Status of all 51 copyright lawsuits v. AI (Oct. 8, 2025): no more decisions on fair use in 2025.

It’s been a hot minute since our last status report. Right now, we are in the doldrums of discovery. We do not expect any other summary judgment decisions on fair use in AI training until summer 2026 at the earliest. So far, 3 judges ruled on fair use, 2 for and 1 against. But their…
Read more: Status of all 51 copyright lawsuits v. AI (Oct. 8, 2025): no more decisions on fair use in 2025.
Meta again averts loss of attorney-client privilege on Kadrey’s asserted crime-fraud

One of the tactics that plaintiffs are now trying to use in some of the AI copyright litigation is an attempt to pierce the attorney-client privilege in communications related to the AI company’s use of datasets from shadow libraries. This plaintiffs’ strategy has been deployed in Kadrey v. Meta, Bartz v. Anthropic, and In re…
Read more: Meta again averts loss of attorney-client privilege on Kadrey’s asserted crime-fraud
Kadrey’s remaining distribution claim v. Meta

Here’s the schedule for Kadrey’s remaining distribution (via BitTorrenting) claim against Meta: Designation of Experts due by 9/30/2025. Rebuttal Reports due by 10/30/2025. Expert Depositions due by 11/10/2025. Brief 1 due by 11/21/25. Brief 2 due by 12/19/25. Brief 3 due by 1/15/26. Brief 4 due by 1/29/26. Motion Hearing set for 2/12/2026 at 10:00…
Read more: Kadrey’s remaining distribution claim v. Meta
Meta adds prominent trial attorney Karen L. Dunn for remaining distribution claim in Kadrey v. Meta

Meta just hired the prominent trial attorney Karen L. Dunn to represent Meta in the remaining part of Kadrey v. Meta, involving the distribution copyright infringement claim for Meta’s alleged torrenting of files from pirated books datasets including distribution of them to others. Dunn cofounded her own law firm, Dunn Isaacson Rhee. And her successes…
Read more: Meta adds prominent trial attorney Karen L. Dunn for remaining distribution claim in Kadrey v. Meta
Kadrey, Meta disagree on how to proceed after Judge Chhabria’s partial summary judgment. Kadrey wants supplemental briefing on Meta’s alleged uploading of book copies. Meta wants partial final judgment.

In Kadrey v. Meta, the parties filed their statements on how they believe Judge Chhabria should proceed. There’s one outstanding item left in the case related to the alleged infringement by Meta in uploading copies of pirated books (leeching) during the process of torrenting them (including downloading) from shadow libraries. As Judge Chhabria ruled in…
Read more: Kadrey, Meta disagree on how to proceed after Judge Chhabria’s partial summary judgment. Kadrey wants supplemental briefing on Meta’s alleged uploading of book copies. Meta wants partial final judgment.
Three judges made fair use rulings re: AI training. They appear torn.

With this week’s blockbuster rulings in Bartz v. Anthropic and Kadrey v. Meta, we now have decisions by three federal judges on the question whether the use of copyrighted works to train AI models that do not produce allegedly infringing outputs when deployed is a fair use. This is a novel question of law, so…
Read more: Three judges made fair use rulings re: AI training. They appear torn.
How will Judge Chhabria rule on fair use in Kadrey v. Meta?

With Judge Alsup’s split decision in Bartz v. Anthropic, all eyes now turn to Judge Chhabria for his ruling on fair use versus infringement in the Kadrey v. Meta suit. The issues in the two cases are fairly similar involving book authors whose books were used to train AI models. One procedural difference is that,…
Read more: How will Judge Chhabria rule on fair use in Kadrey v. Meta?
Who will decide fair use first — Judge Alsup or Judge Chhabria?

Two cases in the Northern District of California have had oral arguments on the respective defendant’s motion for summary judgment on fair use: Kadrey v. Meta and Bartz v. Anthropic. Both involve lawsuits brought by book authors. Both involve the defendant’s use of so-called pirated books datasets, or shadow libraries, which defendants contend were used…
Read more: Who will decide fair use first — Judge Alsup or Judge Chhabria?
Judge Alsup says he’s leaning to accept fair use by Anthropic. But cautions may change his mind.

I wasn’t able to attend today’s hearing in San Francisco on Anthropic’s motion for summary judgment on fair use in Bartz v. Anthropic. So, please take my assessment with a grain of sale. Also remember that it’s risky, if not foolish, to predict how a judge will rule based on an oral argument. But, based…
Read more: Judge Alsup says he’s leaning to accept fair use by Anthropic. But cautions may change his mind.
With summary judgment pending, Kadrey, Bartz plaintiffs cite Pre-Publication version of Copyright Office Report on fair use and AI training as Supplemental Authority, despite its non-final status.

Wasting no time, the book author plaintiffs in the two copyright lawsuits with summary judgment motions on fair use pending, Kadrey v. Meta and Bartz v. Anthropic, have now cited the Pre-Publication version of the U.S. Copyright Office’s Report on AI training and fair use as Supplemental Authority. The Kadrey plaintiffs even cite to another…
Read more: With summary judgment pending, Kadrey, Bartz plaintiffs cite Pre-Publication version of Copyright Office Report on fair use and AI training as Supplemental Authority, despite its non-final status.