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.
It’s weird that your take away is “Meta needs to get it” and not “Clearly, these laws work for no one”. You don’t get better copyright laws by cheering for the copyright companies.
Aaron wouldn’t be part of the side that wants to lock up all data behind a giant gate and give the keys to a handful of companies. Well, we don’t know what he would think, but I’m guessing he didn’t lean copyright.
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.
I would rather copyright be amended but sadly that’s less likely to happen here.
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.
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.
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.
We don’t get better laws if everyone is cheering for the copyright industry. Everything after your first point goes against that. Goliath, the same one that beat up Aaron, finally has a match in his own weight category, and you are hoping he wins basically.
What kind of “better law” do you think will come out of this? That regular people like us will be able to share freely?
You think that the law being applied on poor people but not on the wealthy is a healthy way to get a better law?
Get the fuck real and nobody is asking for the copyright cabal to win as much as we are saying “look, if this is the how the law is going to be applied, apply it evenly, don’t just fuck over poor people but give the wealthy a pass.”
And poor people who don’t have the weight and money of Meta aren’t going to be able to prove that they need the same amount of data to train an LLM so they probably will still have the law held against them. Get fucking real man.
What country do you think you live in? One where laws are applied evenly or rationally? Or one where fascists have taken over the god damned government? Because guess what it’s the latter and the laws are effectively meaningless for the wealthy but still held against the poor. Sure, if that’s what you want, go for it, but it damn sure won’t suddenly get us better laws or let regular people torrent without worry. Congress has been deadlocked for decades and does nothing but hurt common people and give corporations a ticket to do whatever and you think better laws will come out of this? Seriously, once again, get fucking real.
Encouraging laws you don’t like does nothing but cement them. We are currently, as a society, begging lawmakers for harder copyright laws.
I get the Justice system sucks but making the wrong laws stronger does not make it better.
Think about what you are saying is all, you tend to write long elaborate speeches on why copyright deserves to win. There is being critical of AI, and then there’s being a mouthpiece for copyright companies. I’m not trying to be mean here, sorry.
Dude, I have been promoting copyright law being changed and being shortened for 25 fucking years.
Do you even know who Rufus Pollock is or anything about his research into copyright lengths? Because I was around when that shit was published. I hosted DJ Danger Mouse’s Grey Album on Grey Tuesday as a fuck you to the Beatles copyright holders since the Grey Album should have been considered fair use as it was released for free with no profit at all. I was part of the Kopimi collective.
Not wanting corporations to get a pass while we all get fucked is not the same thing. You’re not being mean, you’re being obtuse.
None of that matter if, right now, you are cheering on copyright laws. There’s no reason to stop promoting change now.
You repeating that I am cheering them on does not make it true. Get some reading comprehension. I repeat, you’re being obtuse.
Are you hoping Meta or the copyright industry wins this case? Maybe I misunderstood.
I mean a loss for meta is technically a win for everyone most of the time but I’d expect more pragmatism in this case.