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Kadrey v. Meta, 2023: judge dismisses every claim except the one for copying the authors' books to train LLaMA
Ruling on Meta's first motion to dismiss, Judge Chhabria left standing only the claim that Meta infringed by copying the plaintiffs' books to train LLaMA, which Meta had not moved to dismiss. He rejected the theory that the LLaMA models are themselves infringing derivative works, writing "This is nonsensical." He held that a claim based on the models' outputs requires an allegation that some output is similar to the plaintiffs' books, and the complaint had none. The DMCA claims failed because nothing alleged showed LLaMA distributed the books. The unfair competition, unjust enrichment and negligence claims were held preempted by the Copyright Act or inadequately pleaded. All dismissed claims except negligence were dismissed with leave to amend. The case later grew to include claims about how Meta acquired the books, including by torrent.
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