Second, the plaintiffs argued that Meta’s unauthorized copying harmed the relatively new market for AI training licensing. The court dismissed this too, ruling that the harm from the loss of licensing fees is not “cognizable”.
So all loss claimed by media giant for lost subscription (license fee) is not cognizable.
“As should now be clear, this ruling does not stand for the proposition that Meta’s use of copyrighted materials to train its language models is lawful. It stands only for the proposition that these plaintiffs made the wrong arguments and failed to develop a record in support of the right one,” the ruling reads.
No decision made then.