Lex Lumina Defends Meta in First-Impression AI Copyright Suit
September 19, 2023 – Today Lex Lumina’s Mark Lemley and co-counsel at Cooley filed a motion to dismiss on behalf of Meta in Kadrey v. Meta Platforms Inc. in the U.S. District Court for the Northern District of California, Case No. 3:23-cv-03417. The motion asks the Court to dismiss most of the lawsuit filed by comedian Sarah Silverman and other authors, who claim that Meta violated their copyrights by training its artificial-intelligence-based large-language model LLaMA with their books. As detailed in the motion, the plaintiffs failed to allege a basic element of their copyright claim—i.e., that LLaMA’s software code or output was substantially similar to plaintiffs’ works. The motion also argues that LLaMA’s alleged use of the plaintiffs’ books is quintessential fair use under federal copyright law.
