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AllegationOctober 2, 2026Shakespeare v. Anthropic PBC · N.D. Cal. 5:26-cv-05931

Authors who opted out of the Bartz settlement oppose Anthropic's motion to dismiss, arguing the BitTorrent uploads were part of the same downloads Bartz litigated

The 102 plaintiffs, who assert 875 works, filed their opposition with 14 declarations. They argue the limitations defense cannot be decided on the pleadings: under the discovery rule, they say, they could not have known their books were in Anthropic's internal library until class notice was completed on November 24, 2025, and the Bartz class action suspended the clock in any event. On the distribution claim, they argue the alleged uploads were "the other half" of the June 2021 LibGen and July 2022 Pirate Library Mirror torrent sessions, that choosing which torrents to load was volitional conduct, and that Anthropic's argument that only fragments were sent assumes facts the complaint does not allege. They dispute that eight works were released in the Bartz settlement, say registration records naming someone else do not defeat ownership at this stage, and withdraw three titles. They ask for leave to amend if any allegation falls short. These are the plaintiffs' arguments; the court has not ruled. The hearing is set for December 17, 2026.

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