Category: Kadrey v. Meta

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 summary judgment that Meta engaged in fair use to develop Llama

Meta filed its opposition to the Kadrey plaintiffs’ motion for partial summary judgment on the issue of whether torrenting the allegedly pirated books dataset(s) is infringement as a matter of law. Meta also filed its own motion for partial summary judgment (although not clear why it’s partial) for a finding that (1) Meta’s development of…
Read more: Meta seeks summary judgment that Meta engaged in fair use to develop Llama
After losing on motion to dismiss, Meta files Answer to Kadrey’s third amended complaint

After losing on its motion to dismiss, Meta filed its answer to Kadrey’s Third Amended Consolidated Complaint. One important admission is that the plaintiffs’ books were in the Books3 dataset. Meta also admits: “it used data from LibGen, Z-Lib, Sci-Hub, Common Crawl, and data collected using its web crawler Spidermate to train one or more…
Read more: After losing on motion to dismiss, Meta files Answer to Kadrey’s third amended complaint
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
Kadrey plaintiffs file unredacted version of brief for summary judgment against Meta. Exposes Meta employees’ comments.

As Judge Chabbria ordered, the Kadrey plaintiffs have filed their largely unredacted brief for partial summary judgment finding infringement by Meta. (The redacted parts relate to confidential information subject the sealing order for the case.) In the unredacted brief, we get a greater glimpse of Meta’s internal discussions related to the controversial Library Genesis dataset.…
Read more: Kadrey plaintiffs file unredacted version of brief for summary judgment against Meta. Exposes Meta employees’ comments.
Kadrey v. Meta parties dispute over staff notes of Meta rebuttal expert Bakewell

The parties in Kadrey v. Meta filed a letter to Magistrate Judge Hixson over whether notes taken by the staff of Meta’s rebuttal expert Christopher Bakewell should be produced to the plaintiffs.
Read more: Kadrey v. Meta parties dispute over staff notes of Meta rebuttal expert Bakewell
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.