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In order to help train its AI models, Meta (and others) have been using pirated versions of copyrighted books, without the consent of authors or publishers. The company behind Facebook and Instagram faces an ongoing class-action lawsuit brought by authors including Richard Kadrey, Sarah Silverman, and Christopher Golden, and one in which it has already scored a major (and surprising) victory: The Californian court concluded last year that using pirated books to train its Llama LLM did qualify as fair use.

You'd think this case would be as open-and-shut as it gets, but never underestimate an army of high-priced lawyers. Meta has now come up with the striking defense that uploading pirated books to strangers via BitTorrent qualifies as fair use. It further goes on to claim that this is double good, because it has helped establish the United States' leading position in the AI field.

Meta further argues that every author involved in the class-action has admitted they are unaware of any Llama LLM output that directly reproduces content from their books. It says if the authors cannot provide evidence of such infringing output or damage to sales, then this lawsuit is not about protecting their books but arguing against the training process itself (which the court has ruled is fair use).

Judge Vince Chhabria now has to decide whether to allow this defense, a decision that will have consequences for not only this but many other AI lawsuits involving things like shadow libraries. The BitTorrent uploading and distribution claims are the last element of this particular lawsuit, which has been rumbling on for three years now, to be settled.

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[-] Paranoidfactoid@lemmy.world 88 points 3 days ago

So meta gets to claim fair use with pure digital duplication, but archive.org doesn't when they scan physical copies of books and only lend out the same number of copies as they own in warehouses. That's piracy.

Got it.

[-] Wizard_Pope@lemmy.world 33 points 3 days ago

Rules for thee but not for me ahhhh corpo shit.

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[-] SnotFlickerman 209 points 4 days ago* (last edited 4 days ago)
  1. Shorter and more reasonable copyright lengths would make this a moot point because then there would sufficient literature in the public domain to pull from.

  2. These kind of charges are what put the Pirate Bay admins in prison and caused Aaron Swartz to kill himself because of a threat of lifetime in prison. The claim that they did this either with the goal of profit or actually successful profit and that this was a serious crime. Neither TPB or Swartz at that point in time had ever moved as much data as Meta has for these claims, nor did they ever have the profit or possibility of profit Meta aims to make from their AI offerings.

  3. Now Meta is claiming they've profited so hard you can't possibly hold them accountable.

It will be the biggest "fuck you" in history to anyone ever hit with civil charges for piracy in the early 2000s, let alone the TPB admins and Swartz, if they let this go. Which means they probably will because in America, apparently if you crime hard enough and big enough they stop putting you in prison and start patting you on the back and calling it good business sense.

[-] Airfried@piefed.social 53 points 4 days ago

in America, apparently if you crime hard enough and big enough they stop putting you in prison and start patting you on the back and calling it good business sense.

There's a story about Alexander the great capturing a pirate and scolding him for raiding villages along the coast line. Alexander asked if the pirate feels ashamed and wants to beg for forgiveness. However, the pirate had something else to say. He said that Alexander was doing the same thing, but infinitely worse. The only difference was that Alexander called himself king and plundered entire lands while the pirate only raided small villages. The pirate reminded Alexander of the many lives he had destroyed in his conquest. So the pirate's only crime was not to be the biggest baddie in the hood, so to speak.

Alexander replied by stating that the title of king forces his hand and that he couldn't just stop what he was doing. The pirate on the other hand was just an individual who could easily change course. And so Alexander set the pirate free, stating that he himself will start changing his own ways right there and then if the pirate makes a fresh start first.

I don't know if there is any truth to this but it's a fable often used to explain how legitimacy changes the perception people have of wrong doing and heroism on a fundamental level. Alexander's reply sounds like an excuse and I think that's on purpose. The pirate outwitted him in the end by stating a basic truth.

[-] SnotFlickerman 8 points 4 days ago

https://www.youtube.com/watch?v=UQBWGo7pef8

This is where I first remember hearing this tale, in this old Schoolhouse Rock parody that was in protest of the War in Iraq.

[-] artifex@piefed.social 38 points 4 days ago

in America, apparently if you crime hard enough and big enough they stop putting you in prison and start patting you on the back and calling it good business sense.

If you owe the bank $100 you have a problem. If you owe the bank $100,000,000, the bank has a problem.

[-] Captainautism@lemmy.dbzer0.com 1 points 2 days ago

These kind of charges are what put the Pirate Bay admins in prison and caused Aaron Swartz to kill himself because of a threat of lifetime in prison.

Um, he did not kill himself

[-] discocactus@lemmy.world 8 points 3 days ago

If heaven and hell are real I hope God and Satan give Swartz a sabbatical so he can go torture Zuck for a while, periodically.

[-] mghackerlady@leminal.space 1 points 2 days ago

I like the implication that both have to sign off on it

[-] Grimy@lemmy.world 10 points 4 days ago* (last edited 4 days ago)

It's weird that your take away is "Meta needs to get it" and not "Clearly, these laws work for no one". You don't get better copyright laws by cheering for the copyright companies.

Aaron wouldn't be part of the side that wants to lock up all data behind a giant gate and give the keys to a handful of companies. Well, we don't know what he would think, but I'm guessing he didn't lean copyright.

[-] SnotFlickerman 45 points 4 days ago* (last edited 4 days ago)

Literally the first thing I said was in regards to more sensible copyright making this all a moot point but you do you.

The only reason Meta needs to get it is because it's entirely hypocritical to all the dirt poor people who couldn't afford these kind of lawyers. It doesn't make the current legal status right or correct. It's just a slap in the face to someone like Swartz who died over far less.

I would rather copyright be amended but sadly that's less likely to happen here.

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[-] whotookkarl@lemmy.dbzer0.com 3 points 2 days ago* (last edited 2 days ago)

Copyrights over 5-10 years or not held by the creator are stealing from the commons/public domain and there is no moral obligation to follow those laws, and some would say a moral responsibility to share pirated copies of those works to everyone, not just corpo slop machines. Also good luck proving leading AI is a good thing and not destroying education and critical thinking skills.

[-] Goodlucksil@lemmy.dbzer0.com 51 points 4 days ago

Classic "the end justifies the means" (bad) defense. If ISPs can send letter for torrenting, and Facebook torrented a lot, Facebook deserves a fair punishment.

[-] GameOverFlow@lemmy.zip 27 points 4 days ago

Not deserves, needs.

[-] Archer@lemmy.world 9 points 4 days ago

lol it would be hilarious if they could order Facebook disconnected from the Internet like a pleb hit with a copyright complaint

[-] Willoughby@piefed.world 8 points 4 days ago

truck full of letters backs up to Meta's headquarters

"there, that's more appropriate."

[-] andybytes@programming.dev 12 points 3 days ago

So we subsidize these baby killing bastards and they pull the broke boy card. The united state is a brutal imperialist capitalist shithole ...pffft fuck capitalism

[-] TheObviousSolution@lemmy.ca 24 points 4 days ago* (last edited 4 days ago)

So we can pirate books as well as long as we aren't able to reproduce them verbatim from memory as well?

Judge Vince Chhabria either accepts whatever bribes and offers he's probably getting offered and sides with Meta, or it will eventually go on to the Supreme Court where they most definitely will. That's the part of this that will work the most under an administration of no accountability.

[-] InternetCitizen2@lemmy.world 15 points 4 days ago

Tell the judge you are training a neural network... it just happens to also be you.

[-] drmoose@lemmy.world 15 points 3 days ago

Honestly I agree with Meta here but this should apply to everyone. I think most people here conflate their hate for Meta with the factual reality of intellectual property.

[-] SpaceMan9000@lemmy.world 24 points 3 days ago

I can hate both.

People can also hate the fact that if you have enough money you can make everything legal.

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[-] melfie@lemy.lol 18 points 4 days ago* (last edited 4 days ago)

Looking forward to Jellyfin getting a LLM to train locally on movie preferences so everyone’s library is fair use. Wait, is this why LLMs are being shoehorned into everything? 🤔

[-] Luminous5481@anarchist.nexus 14 points 4 days ago

Yup, that's what I'm doing with all those audiobooks I torrented. Helping the US maintain the lead in AI 😂

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[-] AffineConnection@lemmy.world 4 points 3 days ago

It's OK when corporations do it.

[-] daggermoon@piefed.world 11 points 4 days ago

Is it fair use if I do it?

[-] umbrella@lemmy.ml 10 points 4 days ago

sure. thanks meta, anna's archive will help me with my reading list, thanks.

[-] ChunkMcHorkle@lemmy.world 6 points 3 days ago

anna's archive

I wish. As someone astutely put it in another conversation, now that the tech companies have pilfered Anna's Archive, the big publishers are going to try to get it shut down.

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[-] Wrrzag@lemmy.ml 5 points 3 days ago

"See your honour, I'm just training my AI with all these books, comics, movies, music, general software and games. Totally permissible. Go fine Lars retroactively for keeping interfering with our training".

[-] captcha_incorrect@lemmy.world 5 points 3 days ago

So Anna's Archive is legal now?

[-] Entertainmeonly 6 points 4 days ago

By this logic i should be able to copy paste Moby Dick and change all instances of the name to Mopy Dick and now it's output no longer matches the imput. I'm about to be the next Stefani King.

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[-] nutsack@lemmy.dbzer0.com 4 points 3 days ago

I saw this coming from 69 miles away

[-] Iconoclast@feddit.uk 4 points 3 days ago

I'm getting the feeling that the average Lemming is a pro-piracy advocate only for as long as it's them financially benefiting from it but the script interestingly flips when a company they don't like does the same thing.

If money wasn't an issue, there's be no reason to pirate anything. It's a financial decision. There's no practical difference between earning fifty bucks and saving that much - in both cases you're left with 50 more bucks to spend.

[-] ilinamorato@lemmy.world 24 points 3 days ago

There's a pretty big difference in scale, and the perpetrator, and whether or not they're benefiting monetarily, and much more.

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[-] sonofearth@lemmy.world 7 points 3 days ago

A person downloading a pirated copy of a book w/o any DRM for their own leisure use on their own device is different from a multi trillion dollar corporation who is using those books to train an LLM to make AI Slop and make money from it w/o even crediting the authors for their work.

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[-] kossa@feddit.org 5 points 3 days ago

I feel you have it the wrong way around. The "average Lemming" is pissed, because private piracy is prosecuted and punished while Meta's is not.

I, for once, couldn't care less whether Meta pirates the shit out of all the books if I am allowed to do the same ¯\_(ツ)_/¯

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this post was submitted on 09 Mar 2026
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