The Wrong Argument – Why Authors Lost Against Meta and What Comes Next

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The Briefing by Weintraub Tobin

Weintraub Tobin

247 episodes

5 days ago

In The Briefing by Weintraub Tobin, intellectual property attorney Scott Hervey and his guests discuss current IP issues related to trademark, copyright, and entertainment, as well as IP litigation and intellectual property in the news.

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The Wrong Argument – Why Authors Lost Against Meta and What Comes Next

The Briefing by Weintraub Tobin

15 minutes 53 seconds

3 months ago

The Wrong Argument – Why Authors Lost Against Meta and What Comes Next

In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s LLaMA models. But the ruling doesn’t give AI companies a free pass—it reveals the roadmap for how a better-prepared copyright plaintiff could win next time.

In this episode of The Briefing, Scott Hervey is joined by his partner Matt Sugarman as they break down:

* The background of Kadrey v. Meta
* The court’s detailed fair use analysis
* A comparison to Bartz v. Anthropic
* The "third theory" of market harm that could shape future litigation
* What AI developers must do now to avoid lawsuits

Watch this episode on YouTube.