this post was submitted on 09 Mar 2026
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In order to help train its AI models, Meta (and others) have been using pirated versions of copyrighted books, without the consent of authors or publishers. The company behind Facebook and Instagram faces an ongoing class-action lawsuit brought by authors including Richard Kadrey, Sarah Silverman, and Christopher Golden, and one in which it has already scored a major (and surprising) victory: The Californian court concluded last year that using pirated books to train its Llama LLM did qualify as fair use.

You'd think this case would be as open-and-shut as it gets, but never underestimate an army of high-priced lawyers. Meta has now come up with the striking defense that uploading pirated books to strangers via BitTorrent qualifies as fair use. It further goes on to claim that this is double good, because it has helped establish the United States' leading position in the AI field.

Meta further argues that every author involved in the class-action has admitted they are unaware of any Llama LLM output that directly reproduces content from their books. It says if the authors cannot provide evidence of such infringing output or damage to sales, then this lawsuit is not about protecting their books but arguing against the training process itself (which the court has ruled is fair use).

Judge Vince Chhabria now has to decide whether to allow this defense, a decision that will have consequences for not only this but many other AI lawsuits involving things like shadow libraries. The BitTorrent uploading and distribution claims are the last element of this particular lawsuit, which has been rumbling on for three years now, to be settled.

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[–] SnotFlickerman@lemmy.blahaj.zone 25 points 7 hours ago* (last edited 7 hours ago) (2 children)

Literally the first thing I said was in regards to more sensible copyright making this all a moot point but you do you.

The only reason Meta needs to get it is because it's entirely hypocritical to all the dirt poor people who couldn't afford these kind of lawyers. It doesn't make the current legal status right or correct. It's just a slap in the face to someone like Swartz who died over far less.

[–] Artisian@lemmy.world 2 points 4 hours ago (1 children)

I read this as setting precedent that others couldn't. Court cases like this are one way to make it possible for everyone to break an absurd law.

[–] SnotFlickerman@lemmy.blahaj.zone 3 points 4 hours ago* (last edited 4 hours ago) (2 children)

Precedent only applies equally if we are able to prove the same in court as Meta did. Are you going to need petabytes of pirated data to train your AI? Can you afford a team of top quality lawyers to fight your case and prove you were training a small locally-hosted AI at home? Do you think Meta, of all companies, really is fighting for you to be able to do the same as them? You will still get taken to court, you will still have to fight your case, "precedent" isn't an automatic get out of jail free card. Do you have the money to fight massive copyright holders with endless money? Of course you don't, none of us do.

[–] lmmarsano@group.lt 1 points 2 hours ago

Precedent means we can cite it, so yes, this helps a bit. The rest you wrote is a fair bit of assumption or unnecessary: evidence to back your points would help. Otherwise, it just looks like inconclusive defeatism.

[–] Blue_Morpho@lemmy.world 1 points 3 hours ago

And unlike Meta, you will be thrown in prison like Jeremiah Perkins.

Even if found completely guilty, the worst that will happen is Meta has to pay a fine: which means nothing because any fine is rolled into the cost of doing business. Meta knows it is stupid to not break the law.