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Magistrate judge denies bid by authors and publishers suing Meta to get torrenting, licensing and market evidence from OpenAI and Anthropic
The plaintiffs in three cases against Meta had subpoenaed OpenAI and Anthropic and moved to compel documents and testimony on three subjects: how well those companies' models generate literary content, their efforts to license books for AI training, and the torrent software and settings they used. Magistrate Judge Hixson denied the motions in full. He found the link between other companies' models and Meta's fair use defense unproven, held that licensing-market evidence is irrelevant under Judge Chhabria's 2025 Kadrey ruling, and said the plaintiffs' expert can test how torrent software works without OpenAI's or Anthropic's records. The order records the companies' positions: OpenAI contends its use of shadow libraries in training was very limited and years ago, and Anthropic asserts that no publicly available Claude model was trained on text from the Bartz class repositories, only early research models.
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