The Internet Archive has filed a brief in their appeal of the US District Court’s ruling in favor of publishers, which found clear, unequivocal and overwhelming finding that the IA’s “controlled digital lending” amounted to “wholesale copying and unauthorized lending.” The basis of their argument to overturn Judge John Koeltl’s ruling is nothing more than that he misunderstood and was entirely wrong on his fair use analysis, which was was deeply rooted in Second Circuit precedent, including multiple cases already adjudicated by the Second Circuit of Appeals. They also maintain that CDL does not harm publishers. As always, the IA’s […]
Legal
Meta Knew About Legal Issues With AI Training, Authors’ Suit Claims
In an update to their AI copyright infringement case against Meta, plaintiffs Richard Kadrey, Sarah Silverman, and Christopher Golden allege that, as early as 2020, lawyers for Meta knew there were “legal problems” with using copyrighted books within the dataset to train their AI tool Llama. Kadrey, et al. are now joined by authors Michael Chabon, Ta-Nehisi Coates, Junot Díaz, Andrew Sean Greer, David Henry Hwang, Matthew Klam, Laura Lippman, Rachel Louise Snyder, Ayelet Waldman, and Jacqueline Woodson in the class action suit. Llama uses The Pile, a dataset for training large language models that contains Books3, a corpus of […]
AAP Counters Big Tech Arguments on AI
Final “reply comments” on the US Copyright Office’s “study of the copyright law and policy issues raised by artificial intelligence systems” are due by the end of day Wednesday. While the office itself has not yet posted any of the replies, the AAP has provided a copy of their comments to the media. The organization states its “forceful opposition to the flawed and inaccurate assertions submitted by some tech companies and/or their investors in the first comment round, in which they position copyright and the protection of creative expression as an obstacle to innovation and progress. This is nonsense. Copyright […]
PRH Sues Iowa Over Statewide Book Ban Law
Penguin Random House and a group of four authors—Malinda Lo, Laurie Halse Anderson, John Green, and Jodi Picoult—have filed a lawsuit against the state of Iowa over a recently-enacted law that prohibits any books describing or depicting sex from appearing in public school or classroom libraries. The law, SF 496, also restricts books that include themes of sexual orientation or gender identity from students through sixth grade. (Other plaintiffs include the Iowa State Education Association, one Iowa librarian, two teachers, and one high school student.) The suit claims the book ban provisions of the law violate the First and Fourteenth […]
Attorneys Argue Over Definitions and Book Ratings in Texas’s READER Law
Oral arguments began today in the Book People v. Wong case against Texas’s READER book banning law before a panel of judges. The defense largely argued that the plaintiffs’ claims aren’t ripe, and that their assertations of harm are not sufficient. Judges often asked about the definitions of “sexually explicit” and “sexually relevant,” since booksellers would be barred from selling books categorized as such to public schools. While defense attorney Kateland Jackson explained that the definitions come from the penal code, plaintiffs’ counsel Laura Lee Prather argued that those definitions are “cherry picked” from the penal code, mostly dealing with […]
Judge Dismisses Portions of Authors’ Lawsuit Against Meta
Judge Vince Chhabria of the US District Court in Northern California has dismissed portions of Richard Kadrey, Sarah Silverman, and Christopher Golden’s class action lawsuit against Meta. The judge granted Meta’s motion to dismiss claims that the output of Meta’s large language model, LLaMA, infringes on their copyrights, saying that he didn’t understand how the AI tool’s output was similar to Silverman’s book. The plaintiffs may amend the claim, but for it to stand they must “argue that LLaMa’s output was substantially similar to their works,” Reuters reports. Meta has not responded to the authors’ main argument, that their books’ […]