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

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