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

By Scott Hervey & Matthew N. Sugarman on July 25, 2025
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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 or listen to this podcast episode here.

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Photo of Scott Hervey Scott Hervey

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving…

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving complex acquisitions, licensing, financings, and other transactions. He also assists clients in protecting their valuable brands through trademark infringement litigation, domain name infringement arbitration, and proceedings before the United States Patent and Trademark Office and Trademark Trial and Appeals Board. He discusses IP Law topics on the weekly video series The Briefing.

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  • Posted in:
    Intellectual Property
  • Blog:
    The IP Law Blog
  • Organization:
    Weintraub Tobin
  • Article: View Original Source

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