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Kadrey v. Meta: judge rules training Llama on these thirteen authors' books was fair use, on a record with no evidence of market harm
Judge Chhabria denied the authors' motion for partial summary judgment and granted Meta's. He found Meta's use highly transformative, and said the authors therefore had to win decisively on market harm but offered no meaningful evidence that Llama's output dilutes the market for their books. The ruling covers only these thirteen plaintiffs. The opinion says that in many circumstances copying protected works to train generative AI without permission will be illegal. It also recounts that Meta downloaded LibGen in October 2022, decided in spring 2023 to train on it after licensing talks were escalated to Mark Zuckerberg, downloaded Anna's Archive in early 2024, and torrented the datasets. The separate claim that Meta distributed the books while torrenting was left for later proceedings.
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