Legal Scholars Challenge Meta’s AI Training Practices in High-Stakes Copyright Case
A coalition of prominent copyright law professors has filed an amicus brief supporting authors in their lawsuit against Meta, alleging the tech giant unlawfully trained its Llama AI models on copyrighted e-books without permission.
The Core Legal Argument
Filed in the U.S. District Court for Northern California, the brief presents a scathing critique of Meta’s fair use defense:
- “Breathtaking” legal overreach: Professors argue Meta seeks unprecedented privileges beyond what human authors receive
- Non-transformative use: AI training serves the same fundamental purpose as human education - a core function of the original works
- Market competition concerns: The commercial nature of Meta’s use creates direct competition with the copyrighted materials
“Generative AI models trained on these works ultimately produce output that competes in the same markets,” the brief states, emphasizing the commercial implications.
Growing Support for Authors
Multiple organizations have joined the legal fray:
- International publishing groups: The STM Publishers Association filed a supporting brief
- Creative industry advocates: The Copyright Alliance and Association of American Publishers submitted amicus filings
Meta counters with support from some legal experts and digital rights groups like the Electronic Frontier Foundation, highlighting the complex legal landscape.
Case Background: Kadrey v. Meta
The lawsuit, featuring plaintiffs like Richard Kadrey and Ta-Nehisi Coates, makes two key allegations:
- Copyright infringement: Unauthorized use of e-books for AI training
- Removal of copyright information: Alleged attempt to conceal infringement
While Judge Vince Chhabria dismissed some claims, he allowed the case to proceed, noting:
- Copyright infringement constitutes “concrete injury” for standing
- Authors sufficiently alleged Meta intentionally removed copyright management information
The Broader AI Copyright Battle
This case joins several high-profile lawsuits testing copyright boundaries in AI development, including:
- The New York Times’ ongoing case against OpenAI
- Multiple creator lawsuits against AI companies
The outcome could establish critical precedents for how copyrighted material can be used in machine learning systems.
Last updated April 11, 2025 with additional amicus brief details
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