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Judge Garnett refuses to dismiss authors' suit over BloombergGPT, citing Bloomberg's own research paper saying it trained on Books3, and declines to decide fair use on the pleadings

On Nov. 24, 2025, Judge Margaret Garnett denied in full Bloomberg's motion to dismiss the proposed class action by Mike Huckabee and other authors. Bloomberg argued the authors had not plausibly alleged their books were in Books3 and that its use was fair use. The court held the amended complaint, which names specific works, alleges they are in Books3 and cites a research paper Bloomberg published stating that Books3 was a source for training BloombergGPT, states a claim. On fair use, the court said the defense must be clearly established on the face of the complaint to support dismissal, that the fourth factor, including any market for licensing books to train language models, cannot be assessed without a record, and that the plausible inference is that BloombergGPT, built as the first language model "for finance," is a commercial project. The opinion runs seven pages and leaves all questions of fair use for a developed record.