EFF's amicus brief in Kadrey v. Meta addresses a copyright lawsuit where plaintiffs, including authors like Sarah Silverman, allege Meta used pirated books to train its AI model. Unlike typical AI copyright cases that invoke fair use, Kadrey sidesteps this issue by focusing on the legality of material acquisition. EFF warns that a ruling against Meta could jeopardize fair use defenses for AI developers, crucially affecting the technology's future and market dynamics. They assert that the merits of fair use should not be overshadowed by sensationalism around alleged piracy.
As EFF explained to the court, the question of whether fair use applies to training generative AI is far too important to decide based on Kadrey's back-door challenge.
The plaintiffs' arguments, if successful, could harm AI developers' defenses in other cases, where fair use is directly at issue.
How courts decide this issue will profoundly shape the future of this transformative technology, including its capabilities, costs, and whether its evolution will be shaped by the democratizing forces of the open market or the whims of an oligopoly.
The court should not allow the tail of Meta's alleged BitTorrent use to wag the dog of the important legal questions this case presents.
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