Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues (torrentfreak.com)

382 points by askl 13 hours ago

dizzy9 10 hours ago

Some of us are old enough to remember when the RIAA sued children for downloading Metallica albums on filesharing networks. They sued for $100,000 per song, an absurd amount when you consider that even stealing a physical album would amount only to around $1 per song. What was bizarre was that courts took the figure seriously, even if they typically settled cases for around $3,000, still around 30x actual damages. The legal maximum was $150,000 per infringement: when a staffer leaked an early cut of the Wolverine movie, the studio could only sue for that much.

mikkupikku 10 hours ago

Remember that Metallica band members played an active driving role in those lawsuits against their own underage fans. It wasn't just the RIAA / record company organizations behaving cruelly, it was Metallica themselves. Fuck Metallica.

olivierestsage 4 hours ago

Another person who I remember really coming out as a villain in that era was Gene Simmons from KISS: "Sue everybody. Take their homes, their cars."[1]

[1] https://arstechnica.com/tech-policy/2010/10/kiss-frontman-we...

halJordan 2 hours ago

wnevets 5 hours ago

It's even more egregious after watching interviews of a young Lars bragging about trading bootleg cassette tapes.

aduty 3 hours ago

tombert 2 hours ago

IIRC, Dave Grohl actually gave a lot of shit to Metallica, claiming that it would be one thing if this were some indie band selling cassettes having their music stolen, but it's another when multi-millionaires are crying that they aren't getting extra money.

Found it: https://youtu.be/Yy45qY9c49k

codazoda 2 hours ago

reactordev 9 hours ago

Killed Napster and forced them overseas to create one of the most toxic streaming platforms for music the world has ever seen. Spotify. Sean Parker used to be cool…

roegerle 9 hours ago

how they were able to recover from that is beyond me.

dotancohen 8 hours ago

Arubis 3 hours ago

mindslight 4 hours ago

I still can't listen to a Metallica song on the radio without feeling a bit sour. I wasn't a die hard superfan or anything, but their songs were pretty good. It really didn't help that they had cultivated this tough guy image and then turned into total whiners about piracy.

lovehashbrowns 3 hours ago

petre 4 hours ago

Hamuko 6 hours ago

Not that surprising considering that James Hetfield has no qualms about his music being used for literal torture.

https://www.theguardian.com/world/2008/jun/19/usa.guantanamo

magicalhippo 10 hours ago

At least it brought us some fun Flash animations as a result, in the form of Metallicops.

https://www.youtube.com/watch?v=mb_jLAisPzk

mxmilkiib 8 hours ago

"Napster bad!", classic

ohbleek 10 hours ago

So, does this mean that people can simply argue in court now (if they were to be prosecuted for downloading media via bittorrent) that it is fair use if they used it to train a local model on their machine?

yorwba 9 hours ago

People could always simply argue in court that their torrenting was free use.

If you're just some nobody representing yourself instead of an expensive lawyer acting on behalf of a large company, maybe the judge will even try to be extra nice when he explains why the argument doesn't hold water.

AnthonyMouse an hour ago

thisislife2 8 hours ago

dotancohen 8 hours ago

_heimdall 8 hours ago

chongli 7 hours ago

bsenftner 10 hours ago

Of course not. It is just yet another example of a 7-8 figure expensive attorney and their billions dollar corporation wasting everyone' time, tax payers dollars, and demonstrating that the law applies to us and not them. I expect them to just stop showing up in court in time. What can the court do when these people own the people that write the laws?

Ekaros 9 hours ago

Arubis 3 hours ago

Sure, but these are BILLIONAIRES. Some of society's most vulnerable members. We need to protect them! The kids can take the hit.

kristofferR 4 hours ago

Yeah, but remember how joyful we'd have been if copyright had been this weak in 2003. As long as this flows down to regular people instead of just corps, then copyright won't halt societal development as much as previously anymore. The weakening of copyright is a great thing.

Just step back into space. Pretend you're so high that you can see your own person from outside yourself, like you are the CCTV camera in the corner. Now look at copyright, the law about the restriction of the right to copy to a select group. It's an absurd sight, like a bad trip.

This might be relief, we might hopefully get past copyright and patents and just have innovation free for all.

fc417fc802 16 minutes ago

> It's an absurd sight, like a bad trip.

Do you say the same thing about being required to wear pants in public?

Agreed that the extreme it has been taken to is absurd and entirely counterproductive though. 20-ish years was already a long time. If it takes you more than 20 years to market your book perhaps people just don't really like it all that much?

lux-lux-lux an hour ago

I rather doubt this more laissez-faire attitude towards intellectual property will be extended to those without.

scuff3d 5 hours ago

Those kids should have just pirated all the music they could, turned it into a multi billion dollar business, and had lawyers fight for them in court. As long as enough money is involved you can just about anything you want.

Stupid kids

ufocia 7 hours ago

Your memory may be failing you. The "maxima" you cite still exist, but they are merely statutory damages provisions. In other words, the plaintiffs can obtain such damages without proof of actual loss, i.e. strict liability. If the plaintiffs succeed in pricing actual damages beyond this level, they can obtain them.

kmeisthax 5 hours ago

Furthermore, in most copyright lawsuits that nerds like us actually care about (i.e. ones involving service providers and not actual artists or publishers), the number of works infringed is so high that the judge can just work backwards from the desired damage award and never actually hit the statutory damages cap. If the statutory damages limit was actually reached in basically any intermediary liability case, we'd be talking about damage awards higher than the US GDP.

Linear arithmetic is one hell of a drug.

fc417fc802 10 minutes ago

Aerroon 43 minutes ago

tzs 8 hours ago

You are off a bit on the numbers. First, though, the RIAA suits were not for downloading. The suits were for distribution.

Here is how their enforcement actions generally went.

1. They would initially send a letter asking for around $3 per song that was being shared, threatening to sue if not paid. This typically came to a total in the $2-3k range. There were a few where the initial request was for much more such as when the person was accused of an unusually high volume of intentional distribution. But for the vast majority of people who were running file sharing apps in order to get more music for themselves rather than because they wanted to distribute music it averaged in that $2-3k range.

2. If they could not come to an agreement and actually filed a lawsuit they would pick maybe 10-25 songs out of the list of songs the person was sharing (typically around a thousand) to actually sue over. The range of possible damages in such a suit is $750-30000 per work infringed, with the court (judge and jury) picking the amount [1].

NOTE: it is per "work infringed", not per infringement. The number of infringements will be one of the factors the court will consider when deciding where in that $750-30000 range to go.

3. There would be more settlement offers before the lawsuit actually went to trial. These would almost always be in the $200-300 per song range, which since the lawsuit was only over maybe a dozen or two of the thousand+ songs the person had been sharing usually came out to the same ballpark as the settlement offers before the suit was filed.

Almost everyone settled at that point, because they realized that (1) they had no realistic chance of winning, (2) they had no realistic chance of proving they were were an "innocent infringer", (3) minimal statutory damages then of $750/song x 10-15 songs was more than the settlement offer, and (4) on top of that they would have not only their attorney fees but in copyright suits the loser often has to pay the winner's attorney fees.

4. Less than a dozen cases actually reached trial, and most of those settled during the trial for the same reasons in the above paragraph that most people settled before trial. Those were in the $3-15k range with most being around $5k.

[1] If the defendant can prove they are in "innocent infringer", meaning they didn't know they were infringing and had no reason to know that, then the low end is lowered to $200. If the plaintiff can prove that the infringement was "willful", meaning the defendant knew it was infringement and deliberately did it, the high end is raised to $150k.

AnthonyMouse 2 hours ago

> NOTE: it is per "work infringed", not per infringement. The number of infringements will be one of the factors the court will consider when deciding where in that $750-30000 range to go.

But that's the whole problem, isn't it? Consider how a P2P network operates. There are N users with a copy of the song. From this we know that there have been at most N uploads, for N users, so the average user has uploaded 1 copy. Really slightly less than 1, since at least one of them had the original so there are N-1 uploads and N users and the average is (N-1)/N.

There could be some users who upload more copies than others, but that only makes it worse. If one user in three uploads three copies and the others upload none, the average is still one but now the median is zero -- pick a user at random and they more likely than not haven't actually distributed it at all.

Meanwhile the low end of the statutory damages amount is 750X the average, which is why the outcome feels absurd -- because it is.

Consider what happens if 750 users each upload one copy of a $1 song. The total actual damages are then $750, but the law would allow them to recover a minimum of $750 from each of them, i.e. the total actual damages across all users from each user. The law sometimes does things like that where you can go after any of the parties who participated in something and try to extract the entire amount, but it's not that common for obvious reasons and the way that usually works is that you can only do it once -- if you got the $750 from one user you can't then go to the next user and get another $750, all you should be able to do is make them split the bill. But copyright law is bananas.

fc417fc802 2 minutes ago

themafia 6 hours ago

> the RIAA suits were not for downloading

They were not all the same, some were fairly complicated cases, and one was undoubtedly for distribution.

`The court’s instructions defined “reproduction” to include “[t]he act of downloading copyrighted sound recordings on a peer-to-peer network.”'

From:

https://cases.justia.com/federal/appellate-courts/ca8/11-282...

tzs 4 hours ago

jazz9k 10 hours ago

Children can commit crimes too.

It's funny, because now in the age of AI, many of the people that support piracy are now trying to stop AI companies from doing the same thing.

bravetraveler 10 hours ago

'Same thing', hah. This was edited out, but I'm quoting it anyway:

> I should trot out all of the justifications here.

I'll start: personal use instead of profit. Certainly a difference, not convinced justification is required or even advisable.

mchaver 8 hours ago

Children are afforded more lenience in sane societies (before the law and in social contexts) because they are still developing and not as well socialized/experienced as adults. I assume most pro-piracy people support personal use and not commercial use of content.

charcircuit 2 hours ago

themafia 6 hours ago

We support copyright reform not piracy. The reason we do is because corporate giants have weaponized the system for their own ends and not for our useful promotion of the arts and sciences.

So.. I don't think it's appropriate for billion dollar companies to abuse copyrighted authored material for their own profit streams. They have the money. They can either pay or not use the material.

tliltocatl 2 hours ago

mikkupikku 10 hours ago

A child stole a candy bar from my shop, time to bankrupt his whole working class family!

^ sociopathic legalists really do think this way.

Shadowmist 8 hours ago

functionmouse 10 hours ago

Oh stop being disingenuous.

b112 10 hours ago

Way to leave out context!

By no means were they suing for downloading alone. They were suing for sharing while downloading, and seeding after, and as "early seeders" they helped thousands obtain copies.

Right or wrong, it was absolutely not about just downloading. It wasn't about taking one copy.

In their eyes, it was about copyng then handing out tens of thousands of copies for free.

Again, not saying it was right. However, please don't provide an abridged account, slanted to create a conclusion in the reader.

misnome 10 hours ago

Did you even read the title of the article? This is exactly what they are claiming is fair use.

jazzyjackson 9 hours ago

tzs 8 hours ago

Sayrus 12 hours ago

> Anyone who uses BitTorrent to transfer files automatically uploads content to other people, as it is inherent to the protocol. In other words, the uploading wasn’t a choice, it was simply how the technology works.

What an argument to make in court. It can be proved false in minutes by the plaintiffs.

Teknomadix 9 hours ago

Not exactly automatically.

Seeding is opt-out, not opt-in… but it is usually a default that has to actively manually overridden. Most users never touch those settings. The average pirate downloading a torrent is seeding whether they know it or not.

The protocol absolutely does not enforce seeding. A client can lie to the tracker, cap upload to 0k. BitTorrent has no mechanism to compel one to share. Leeching a file, downloading and sharing no forward packets is possible. While the "social contract" of seeding is entirely a norm enforced by private trackers and community shame. It is not the protocol itself.

muyuu 9 hours ago

seeding is not the only way you actually upload

you're uploading before seeding, and i'm willing to bet Meta weren't seeding but, as they correctly stated in that regard, they're sharing even when they try their best not to because of the way the protocol works as zero-upload is typically impractical for any significant size files

some trackers will additionally penalise you for not sharing file parts, but this depends on the tracker

gzread 8 hours ago

blamestross 8 hours ago

Ekaros 12 hours ago

I can't believe that no one has ever tried that one before... So do we now roll back all of the previous copyright cases where downloading music with bittorrent has been prosecuted?

applfanboysbgon 11 hours ago

> So do we now roll back all of the previous copyright cases where downloading music with bittorrent has been prosecuted

No, because those cases were pirating-while-poor. This is pirating-while-trillion-dollar-corporation, which falls under a completely different section of the law.

mcherm 11 hours ago

Sayrus 11 hours ago

From my understanding, Meta's use of the pirated book was accepted as fair use and the plaintiffs admitted to no harm. In the case of pirated music and films, neither of those points are made. Copyright holders assume people who pirate would have bought the content, usually even assuming that one download is one lost sale. And I am not aware of a single case where watching or listening to pirated content was accepted as fair use.

It is interesting to follow how this plays out for Meta and how that will impact future cases.

RobotToaster 10 hours ago

orbifold 7 hours ago

jazzyjackson 9 hours ago

Hamuko 11 hours ago

gmokki 11 hours ago

When I pull the trigger and the bullet kills an another person, it is just how technology works. Why would I be responsible if I choose to use it or not?

swarnie 11 hours ago

I'm going to need a copy of your latest bank statement before i can accurately answer that.

tgv 5 hours ago

Even if the court accepts the argument, it can be undermined by pointing out that they knew it in advance, or could have known, and thus accepted it.

gus_massa 11 hours ago

I agree, that people used to be called "leechers". Somewhat related xkcd https://xkcd.com/553/

throw73848595 11 hours ago

This. You can set upload speed to zero, and download entire dataset without uploading anything. Slower but doable.

Etherlord87 9 hours ago

As far as I know, setting upload speed to zero disables the limit. You can set it to be very low but not zero.

pwg 7 hours ago

gzread 8 hours ago

ekjhgkejhgk 9 hours ago

Lawyers are paid to defend a position. They are intellectual prostitutes.

AlienRobot 6 hours ago

My client didn't "buy" illegal drugs. He received illegal drugs. But anyone who makes a drug deal automatically sends money to the drug dealer, as inherent of the protocol. In other words, "giving money for drugs" wasn't a choice, it was simply how drug deals work.

lukan 12 hours ago

The world has become so strange. In my pirate youth, I would have never imagined the big companies to argue in courts like this, basically pro piracy. And the activists are now against it, because the big guys are doing it.

crazygringo 7 hours ago

> And the activists are now against it, because the big guys are doing it.

Different activists are different. "Information wants to be free" activists are against different things from "artists trying to make an honest living" activists.

And different big guys are different. A big guy AI company wants different things from a big guy book publisher.

jMyles 5 hours ago

> Different activists are different. "Information wants to be free" activists are against different things from "artists trying to make an honest living" activists.

...uhhh, I mean, maybe my perspective is skewed because I largely run in bluegrass/deadhead circles, but the venn diagram of these two seems to be nearly a circle.

https://pickipedia.xyz/wiki/DRM-free

dns_snek 11 hours ago

> And the activists are now against it, because the big guys are doing it.

The activists are against it because the big guys are exploiting us small guys, again. Nobody would give a shit if Meta was just torrenting Nintendo's IP and OpenAI was torrenting Netflix IP, except the lawyers working for these companies.

armchairhacker 10 hours ago

People would care if Meta is allowed to torrent from Nintendo and they aren’t, because they’d care if Meta bought licenses from Nintendo and open models couldn’t get those licenses.

gzread 6 hours ago

plutokras 11 hours ago

I have no issue with anyone pirating. In my country — and soon in Italy as well — all storage media sales include a small levy (Artisjus) intended to compensate copyright holders for losses from piracy. One could argue it's unfair if you're not actually using the media for copying, but having been forced to pay it regardless, I have no moral qualms about pirating content I don't feel like paying for.

By the same token, AI companies are in no position to complain when their models are scraped and distilled.

jagged-chisel 10 hours ago

How does that money get distributed? If I create a film, how they decide if I’m worthy enough to receive some of that money?

progval 10 hours ago

sofixa 3 hours ago

nkrisc 10 hours ago

Why is it fair that you get to be subsidized by everyone who does pay? Imagine a world where everyone had the same attitude as you and did not pay for any media. Pirates get to pirate only because most people don’t. So why are you so special?

plutokras 9 hours ago

satvikpendem 6 hours ago

2OEH8eoCRo0 7 hours ago

gzread 10 hours ago

anthk 9 hours ago

Spain too; but legally sharing books and media without profit it's allowed.

Still, they should pay me in order to listen all the mediocre music and crappy 'best sellers' they often produce. More than often I'd just buy some indie book from a small publisher which has much better stories than the whole mainstream.

Heck; every time I try to read some Spaniard technotriller it justs sucks because they focus on crappy emotions everytime focusing near nil on scientific facts or tecnological backgrounds. If any, of course. Hello, Gómez Jurado with the Red Queen sagas.

Meanwhile, people writting half-fantasy/half-geopolitics fiction such as Fabián Plaza with its book depicting a paranormal Cold War were the Spanish Francoist regime never ended and the USSR took the whole Germany for itself, you will get more enganing books. The hippies in Woodstock summoned magical Lovecraftian monsters and the CIA/KGB among paranormal agencies try to fight these. The even mention Orgonic fields and tons of American floklore on paranormal experiments from the CIA/USSR. We all know it's actual bullshit but it's documented bullshit. Modulo the magic, the author applied as a diplomat for Spain a few decades ago so he knows how to create a thriller by predicting how the characters will behave psichologically much better than the Gómez Jurado's books creating an Aspie Mary Sue character getting aspull skills.

The mainstream alternative? Some Humanities woman as the maincharacter alleging bullshit 'prime number finding' in order to boost IQ as a goverment experiment against another high IQ psychopath.

The media in Spain sucks because Spain arrived late to a scientifical mindset socially -thanks, Francoist /s- and male/female Humanities people dominate both the press and the literary world. Instead of Gideon Crew like books (which are a bit bullshit, but with a bit of realism too) like sagas, we get drama bound thrillers with no actual research; if any, hidden Apple product placements.

You would say, heck, Dan Brown it's the same and Tom Clancy's novels are a joke against the ones from actually versed people throwing stereotypes away because they did a good research (the US is not just a bigger Texas and Spain is not a big Andalusia), but that's not the issue here.

The matter it's that most of the readers in Spain are women, and somehow they are afraid of reading a thriller with less drama and emotions and more action (action women do exist you know) and resolution and developing actual skills o the spot instead of aspulling them.

Just look at text adventures. Anchorhead it's just a modern Lovecraft retelling but it has a female protagonist and you as the player should drive her solving all the ingame puzzles. If something like that existed in 1998, the Spaniard should be able to write tons of interesting media (books and series) where crimes were not solved with people just happening to be in the right spot at some specific time. That's a cheap writting and an obvious neglection to the reader allowing him to join the proofs together.

elric 12 hours ago

Big companies are stealing to enrich themselves, while small time pirates were pirating for their own entertainment. Some of the latter went to jail. While the former rake in the dough.

jacquesm 10 hours ago

Nothing has changed: the money flows in the same direction as before, that's the constant. The courts are just a diode in a rectifier.

j-bos 10 hours ago

The activists seem to be so blinded by disdain they can't even consider the value of the precedent if it goes theough.

Ekaros 12 hours ago

Just need to get around to understand that on many subjects big companies are not uniform block... They all have their own goals and ways of profit. Other than exploiting the consumers and state.

tototrains 4 hours ago

It is not strange. Power serves power. Power lies without consequence. This is consistent.

candlemas 7 hours ago

Back in 2015 Twitter bragged that Periscope had been widely used the night before to pirate a pay-per-view boxing match. I thought that was odd.

https://www.nytimes.com/2015/05/05/sports/periscope-a-stream...

999900000999 2 hours ago

Billy downloading a copy of Game of Thrones because he's too poor to afford one, is radically different than super billionaires who just don't want to pay for a license.

Meta, Open AI and everyone else playing this game has enough money to pay the best lawyers on earth. They can act with impunity.

I could even imagine them getting a law passed, a license to ignore copywrite law. Of course Billy don't qualify. It'll only be for the billionaires and maybe a handful of millionaires.

willis936 11 hours ago

It's not like there has been some change in principle and some sort of knife to sharpen. "2005 personal pirate" was about making art accessible. "2025 corpo pirate" is about killing art.

armchairhacker 9 hours ago

LLMs make pirated art more accessible, and 2005 pirates allegedly harmed artists by decreasing their sales.

The significant change is that 2025 corpo pirates are big corporations, and 2005 personal pirates are individuals. And I think the larger issue is that the big corpo pirates get away with what 2025 personal pirates wouldn’t.

Anyways, my opinion is that we should get rid of IP, but only with a replacement that ensures creators still get paid. I lean towards piracy being a small sin: immoral, but you can easily be a pirate and still overall moral person.

willis936 5 hours ago

mindslight 4 hours ago

fao_ 8 hours ago

GrinningFool 10 hours ago

2005 piracy had little to do to with making art accessible. For the most part it seemed more like getting for free the digital things we couldn't pay or and/or felt entitled to, with many justifications layered on top.

cmiles74 8 hours ago

gzread 10 hours ago

kjkjadksj 4 hours ago

gzread 10 hours ago

Activists are against AI training, not bittorrent

swed420 7 hours ago

You're probably both right since activists are not a consistent monolith.

vjk800 10 hours ago

If Meta wins this, does it mean that pirating becomes legal again?

actionfromafar 8 hours ago

Probably only if you are giving "back to Humanity" or something like that? :-D

DeathArrow 12 hours ago

I haven't changed. I was pro 20 years ago and I am pro now.

sumeno 8 hours ago

It's almost like things can be good or bad in different contexts

Imustaskforhelp 11 hours ago

The problem is that laws don't apply to these big companies but to the small guys. It isn't as if piracy has suddenly become legal for everybody.

Oh no, its just legal for the big companies. The laws are different for everybody and that's what activists are worried about :)

unforgivenpasta 6 hours ago

I wonder if big companies will now start paying shadow libraries like annas archive for direct access, to minimize publicity of how training data was acquired, like Nvidia supposedly did?

Few tens of thousands of dollars is a rounding error in Meta's bottom line but if this case goes anything like the Anthropic one, I would see it likely.

Of course it wouldn't prevent authors from asking LLM's for content from their books and suing Meta again but I imagine authors would be less likely to with less evidence.

Pannoniae 8 minutes ago

They already do....

dehrmann 2 hours ago

This is a desperate defense. They're making it because they have to try something, but I doubt the court will buy it. This is a class action brought by authors, so while Meta has deep pockets, I expect this will actually settle, with named plaintiffs getting payouts authors will find big and the rest of the class getting scraps. If a major media company were the plaintiff, I'd expect this to get very expensive quickly.

staplung 2 hours ago

I'm a little surprised Meta is even bothering to fight this. I mean the argument looks farcical to me be IANAL and weirder things have happened. If they do end up losing they'll have to pay however many millions to their law firms plus whatever the in or out of court settlement end ups being.

And you just know that whatever they end up paying will be so tiny that it will just be seen as the cost of doing business. From a corporation's perspective it's always better to break the law and maybe pay a tiny fine (if you get caught and can't argue your way out of it) than it is to follow the law and miss out on profit/revenue/strategic advantage etc.

everdrive 7 hours ago

Everyone's pointing out the obvious hypocrisy here, but I think it's more interesting if Meta succeeds in making this argument: can I just steal any book I want and share it with anyone? Does the same apply to music, movies, TV shows, and video games?

AlienRobot 6 hours ago

Only if you are Facebook.

luqtas 4 hours ago

but if i'm Facebook, can't i pay thousands books?

david_shi 11 hours ago

At some point, the contradiction of "law as something impartial" and "law bends to the whims of power" will need to be resolved.

postepowanieadm 11 hours ago

Bad news, it's already been resolved.

senko 11 hours ago

Wholly agreed.

The way Disney &co coopted law to pack their coffers is a travesty: https://en.wikipedia.org/wiki/Copyright_Term_Extension_Act

tototrains 4 hours ago

The nukes will fall before they give up power.

y0eswddl 10 hours ago

"the law" has always only been the whims of the powerful aa a threat of violence against the powerless if they don't follow

armchairhacker 10 hours ago

Everything bends to power, by definition. And laws can’t be impartial because they’re not based in hard science: terms like “murder”, “assault”, “theft”, etc. are ambiguous thus up to interpretation (e.g. is a scam theft? If so, what defines a scam? If “lying”, what’s the difference from “misleading”, or if there’s no difference, what defines “misleading”…)

My best idea for a solution is better education, so people don’t make bad laws then badly enforce them.

gzread 6 hours ago

Right problem, wrong solution. You can't build something that doesn't bend to power, by definition. You have to take away the power.

armchairhacker 2 hours ago

heavyset_go 12 hours ago

I remember in the 90s and 2000s, the FBI would go after homeless people selling bootleg VHS and DVDs on the street lol

ReptileMan 11 hours ago

Since the creation of the USA the only real crime a person could do was being poor.

sigwinch 11 hours ago

ICE played an important role in those cases with long supply chains. Seems quaint now, but I think we should acknowledge any criminal who does not participate in a child abuse ring. Those counterfeit DVDs were not illegal content, just illegal storefronts. If today’s ICE or FBI uncovered such a ring, who would they call first?

goldylochness 21 minutes ago

it's interesting that meta is at the forefront of any legal battles for AI when they're not at the forefront of the technological race

tap-snap-or-nap an hour ago

Courts lose respect when their rules are not consistent and almost always favouring a legal fiction of a corporation being a person and a real person or any non-human specie on this planet as the lesser and a commodity. There must be a better way to maintain order and ensure progress.

markus_zhang 2 hours ago

Can Meta fight Nintendo, too? Would love to see two legal Leviathans fight each other.

ChoGGi 2 hours ago

Is it weird that I'm on Meta's side for this?

PLenz 9 hours ago

This is the real reason the ultra rich are buying media companies. They expect the existing copyright laws to prevail in court and to either make significant revenue licensing IP for training or to take large stakes in AI companies in return for the IP.

Only data is a moat, not algos, not compute.

zozbot234 7 hours ago

If this happens then free and open content (the Wikipedia model, more or less) becomes a hugely impactful "commoditize the complement" play for the big AI and tech firms. Every good piece of open content is something that AI firms don't have to license from a proprietary supplier. And if models trained on entirely open content can write an acceptable "first draft" of something new, that's huge acceleration.

cmiles74 8 hours ago

Seems like a bad bet to me. It looks like authors are going to lose this case setting the precedent that you not only don’t need to license training data, obtaining it illegally (for free) is totally okay.

gorbachev 9 hours ago

Feeling very conflicted right now.

On the other hand, it'd be absolutely hilarious if they succeeded with this argument. VPN vendors would not find that as hilarious I bet.

And on another the hypocrisy is mindboggling. I guess you can't blame the lawyers from going after every angle, but this is quite creative.

But really I do just want to find out if money continues to buy justice.

I sincerely hope Facebook loses and is found to have knowingly infringed on copyright of all the books in the lawsuit. At $150K per violation, I'd almost feel bad for the poor shareholders. Zuck would probably take full responsibility and fire tens of thousand of workers.

Hamuko 8 hours ago

It's a win-win situation. Either pirates win or Meta loses.

gzread 6 hours ago

Ordinary piracy would still be illegal since it's not for AI training.

w4yai 12 hours ago

Oh, how the tables have turned...

Havoc 10 hours ago

Meanwhile some kid downloads a song and gets lynched for it

GaryBluto 3 hours ago

The last time that happened in the US was over 18 years ago.

yieldcrv 5 hours ago

> the company argued that uploading pirated books to other BitTorrent users during the torrent download process also qualifies as fair use ... as it is inherent to the protocol. In other words, the uploading wasn’t a choice, it was simply how the technology works.

as someone that's disabled upload when I'm downloading copyrighted material via bittorrent for decades, it is absolutely a choice

so there's that

tormeh 11 hours ago

We're reaching levels of "move fast and break things" previously only thought possible under laboratory conditions.

Seriously? They couldn't be bothered setting upload speed to 0?

carlosjobim 11 hours ago

A related case:

"Anthropic agrees to pay $1.5B US to settle author class action over AI training"

https://www.cbc.ca/news/business/anthropic-ai-copyright-sett...

2OEH8eoCRo0 8 hours ago

I wonder how many of the torrent site whales are backed by big tech or industry. Some people share like petabytes of data on multiple sites. It's an insane amount.

iririririr 7 hours ago

"i shoot them as it was fair use to taking their wallet. that's how the protocol work."

how much you have to bribe a judge to even begin to consider saying that in a defense?

AlienRobot 6 hours ago

Every pirate website can claim fair use in its footer. Doesn't mean the judge will take it seriously.

bell-cot 12 hours ago

Gut reaction: Judge needs to upload Meta's lawyers to jail cells, explaining "that's simply how the technology works".

villgax 11 hours ago

Literally admitting to theft & whining about the modus which got them caught lol

icase 9 hours ago

piracy is not wrong, no matter who does it.