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At hearing before Judge Chhabria, Meta appeared one step away from prevailing on fair use defense

On May 1, 2025, Judge Vincent Chhabria held a hearing on the respective summary judgment motions of the parties in Kadrey v. Meta, a copyright infringement suit brought by book authors against Meta. If there’s one AI lawsuit to watch, this is it. Forget about the New York Times’ case, at least for now. The…
Read more: At hearing before Judge Chhabria, Meta appeared one step away from prevailing on fair use defense
Today Judge Chhabria is the most important judge in the AI copyright lawsuits

With dueling summary judgment motions on illegal file sharing and fair use fully briefed, Judge Vince Chhabria is today the most important federal judge in all of the 41 lawsuits against AI companies in the United States. Given the timing, Judge Chhabria is poised to be the first federal judge to make a ruling on…
Read more: Today Judge Chhabria is the most important judge in the AI copyright lawsuits
Meta forecasts AI will rake in $460B to $1.4 trillion in revenues for Meta by 2035. Should that affect fair use analysis?

By 5 PM today, the parties in Kadrey v. Meta filed unsealed summary judgment briefs at least to certain information that Judge Chhabria ruled must be disclosed. Let’s take a look at what was disclosed in the plaintiffs’ briefs related to Meta’s financial information. 1. Meta predicts its AI will generate $460 billion to $1.4…
Read more: Meta forecasts AI will rake in $460B to $1.4 trillion in revenues for Meta by 2035. Should that affect fair use analysis?
Expressing skepticism of both sides’ arguments, Judge Chhabria poses 12 Questions on fair use & pirated books

Ahead of Thursday’s hearing on the summary judgment motions, Judge Chhabria issued an order at 3 PM PT for the parties’ lawyers to be prepared to answer. These are all excellent questions–showing the Judge has dissected the parties’ arguments with probing scrutiny. If I were a lawyer doing the argument, I would not be getting…
Read more: Expressing skepticism of both sides’ arguments, Judge Chhabria poses 12 Questions on fair use & pirated books
Judge Chhabria orders unsealing of Meta financial spending & projections re AI

Today, we will get to see Meta’s financial information related to spending and projections on AI related revenue. Judge Chhabria just ordered the unsealing of that information, although he has allowed the parties to keep sealed the “names of other parties engaged in licensing deals” with Meta or with which Meta was negotiating such deals.…
Read more: Judge Chhabria orders unsealing of Meta financial spending & projections re AI
Infographic on Kadrey v. Meta summary judgment motions, Part I: Illegal file sharing v. Fair Use

Kadrey v. Meta is one of the most important copyright lawsuits involving AI. Judge Chhabria will hold oral argument on the parties’ motions for partial summary judgment on May 1, 10:00 AM in San Francisco federal court. We prepared a new infographic to summarize the main points each side is advancing in their motion for…
Read more: Infographic on Kadrey v. Meta summary judgment motions, Part I: Illegal file sharing v. Fair Use
Meta reply in support of fair use in AI training, including torrenting of “pirated” books datasets. Meta also opposes Kadrey book authors’ motion for summary judgment on infringement based on torrenting books.

Meta filed its reply in support of its motion for summary judgment on fair use in AI training, including the torrenting of “pirated” copies of books datasets online. This brief is well-written. Will have more to say about it and Kadrey’s briefs, also well-written, in a subsequent post. Judge Chhabria will have much to ruminate…
Read more: Meta reply in support of fair use in AI training, including torrenting of “pirated” books datasets. Meta also opposes Kadrey book authors’ motion for summary judgment on infringement based on torrenting books.
Kadrey files unredacted opposition brief to Meta’s motion for summary judgment on fair use. Kadrey alleges Meta destroyed torrenting upload logs related to torrenting of pirated books datasets.

Kadrey filed the unredacted opposition brief to Meta’s motion for summary judgment on fair use. Among the sentences unredacted were ones about the books datasets excerpted below. One new revelation is that Meta apparently destroyed (through allowing overwriting of logs) the files that were seeded to third parties during the process of torrenting of the…
Read more: Kadrey files unredacted opposition brief to Meta’s motion for summary judgment on fair use. Kadrey alleges Meta destroyed torrenting upload logs related to torrenting of pirated books datasets.
Copyright Alliance, American Publishers Assn. file amicus briefs v. Meta, to support Kadrey book authors

Two other organizations filed amicus briefs against Meta to support the Kadrey book authors. Both the Copyright Alliance and American Publishers Association filed briefs, bringing the total on the side of the Kadrey book authors to 4 amici compared to only 2 amici on Meta’s side. If we focus on the total extra pages of…
Read more: Copyright Alliance, American Publishers Assn. file amicus briefs v. Meta, to support Kadrey book authors
GW Law Professor Robert Brauneis & other copyright scholars file amicus brief v. Meta’s fair use defense in Kadrey book case

George Washington University Law School Professor Robert Brauneis and other copyright scholars submitted an amicus brief opposing Meta’s fair use defense. This brief can be read as a response to another copyright law scholars brief filed by Harvard Law Professor Rebecca Tushnet in support of Meta’s fair use defense (see Related Stories below). Here’s the…
Read more: GW Law Professor Robert Brauneis & other copyright scholars file amicus brief v. Meta’s fair use defense in Kadrey book case

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