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.
I don’t really see that difference there. Of course the difference in scale is massive when you compare a multi-billion company doing it to an individual, but what about the harm when everyone does it as individuals versus one big company doing it? I don’t think the difference matters anymore at that point.
Doing something morally wrong can’t be justified just because only a small number of people are doing it. You wouldn’t use that defense for any other immoral behavior either. Me dumping my car’s old motor oil into the woods is still bad even if I’m the only one in my country who does it - and if I then go ahead criticizing a drilling company for causing an oil spill, I’d be just as much of a hypocrite.
I fundamentally disagree with both your premise and your example’s conclusion. I’m not saying that it can be justified, though; just that it must be contextualized differently. To wit: it would be right for you to criticize them even if you are being hypocritical. You have far fewer resources to dispose of that oil. Your business model is not predicated upon handling oil well. You are not enriching yourself at the cost of others. And yes, there may be others doing it as well, but the combined impact of every individual doing it is almost certainly a tiny fraction of the company doing it.