Introduction
In an ever-evolving legal landscape of Generative and Copyright law, Meta Platforms Inc., formerly known as Facebook, is one of the leading companies in the field of artificial intelligence (AI), infamous for its lax privacy policy and Cambridge Analytica debacle. Meta develops and deploys various AI applications across its family of apps and devices, such as generative AI, computer vision, natural language processing, and speech translation. Meta also shares its AI frameworks, libraries, tools, and models with the research and developer community through open-source initiatives.
In this article, I will delve into the intriguing intersection of Meta Platforms and copyright law, a narrative that recently unfolded in a legal battle involving comedian Sarah Silverman and other authors.
AI and Copyright Law: The Story So Far
A couple of weeks ago, we reported that The United States Copyright Office (USCO) requested written submissions as part of a study (https://www.copyright.gov/ai/docs/Federal-Register-Document-Artificial-Intelligence-and-Copyright-NOI.pdf) on copyright law and policy issues raised by artificial intelligence systems.
Transformative artificially intelligent tools, designed to generate sophisticated text indistinguishable from that produced by a human, are applicable across a wide range of contexts. The technology presents opportunities as well as ethical and legal challenges, and has the potential for both positive and negative impacts on organizations, society, and individuals.
Authors’ Argument
The central point of the lawsuit filed by comedian Sarah Silverman and other authors revolves around the allegation that Meta violated copyrights by using their books to train its AI-based large language model, Llama.
Meta’s Argument
Meta argued that the authors had failed to argue that Llama’s software code or output was substantially similar to their works, which is a “basic” element of copyright infringement.
The social media giant also claimed “quintessential fair use” of the books when training its AI. The authors’ attorneys, Joseph Saveri and Matthew Butterick, said in a statement to Reuters that they were “confident our claims will be sustained” and “proceed through discovery and trial” (available here: https://www.reuters.com/legal/litigation/meta-tells-court-ai-software-does-not-violate-author-copyrights-2023-09-19/).
Meta also stated that the authors’ books made up “less than a millionth” of the material used to train Llama. It is worth noting that Meta has not yet specifically challenged the authors’ central claim in the case that it violated their rights by using their books as part of the data used to train Llama.
The Broader Implication: Ethical AI Development
The lawsuit against Meta Platforms is just one facet of a broader legal landscape where copyright owners confront tech giants over the use of generative AI systems. The overarching question of whether the unauthorized utilization of copyrighted works for AI training is permissible remains a high-stakes issue, driving multiple cases across the tech industry.
It’s worth noting that Meta is not alone in facing legal scrutiny. Microsoft-backed OpenAI, a key player in the AI realm, has also encountered legal challenges in the same lawsuit. While Meta’s motion and OpenAI’s request for dismissal didn’t squarely address the fair use question, the legal battleground is expanding, demanding clarity on the delicate balance between innovation and copyright protection.
Final Verdict
U.S. District Judge Vince Chhabria said at a hearing that he would grant Meta’s motion to dismiss the authors’ allegations that text generated by Llama infringes on their copyrights. Chhabria also indicated that he would give the authors permission to amend most of their claims.
“Plaintiffs advance the fallacy that every output generated using LLaMA is based on expressive information extracted from Plaintiffs’ books and therefore an infringing derivative work of each of those books,” Meta said. “The Ninth Circuit has rejected this argument as frivolous, and it makes no sense.”
In conclusion, Meta Platforms Inc.’s encounter with copyright law offers a glimpse into the complex and dynamic interplay between AI advancements and legal frameworks. The outcome of this legal battle will reverberate across the tech industry, influencing how companies navigate the uncharted waters of AI innovation while respecting intellectual property rights.
Litigation Details:
The case is Kadrey v. Meta Platforms Inc, U.S. District Court for the Northern District of California, No. 3:23-cv-03417.
For the authors: Joseph Saveri of the Joseph Saveri Law Firm, Matthew Butterick
For Meta: Bobby Ghajar, Angela Dunning, and Mark Weinstein of Cooley; Mark Lemley of Lex Lumina.
Sources:
- Meta Launches AI Coding Software to Compete With OpenAI https://www.bloomberg.com/news/articles/2023-08-24/meta-launches-ai-coding-software-to-compete-with-openai
- Meta launches AI software tools to ease switching between Nvidia, AMD chips https://www.reuters.com/article/meta-platforms-ai-idTRNIKBN2QY1LI
- AI at Meta https://ai.meta.com/
- Judge Dismisses ‘Nonsensical’ Copyright Claims For Meta’s Use Of Books To Train AI https://www.law360.com/articles/1434987 English
Frequently Asked Questions:
What is the recent legal battle involving Meta Platforms and copyright infringement?
Comedian Sarah Silverman and other authors filed a lawsuit against Meta Platforms, alleging copyright violation. They claimed Meta used their books to train its AI-based large language model, Llama, without proper authorization.
What was the argument presented by the authors against Meta Platforms?
The authors alleged that Meta violated their copyrights by using their books to train Llama. They claimed that the AI's output was substantially similar to their works, constituting copyright infringement.
What was Meta Platforms' defense in the copyright lawsuit?
Meta argued that there wasn't substantial similarity between the authors' works and Llama's output. They asserted "quintessential fair use" of the books for training their AI model.
Did the court rule in favor of Meta Platforms in the copyright infringement case?
U.S. District Judge Vince Chhabria granted Meta's motion to dismiss the authors' claims about Llama's output infringing on their copyrights. However, the judge allowed the authors to amend most of their claims.
What's the broader implication of this legal battle in the AI industry?
This lawsuit highlights the ongoing conflict between copyright owners and tech giants over the usage of copyrighted works for training AI models. It raises questions about the boundaries of fair use in AI development.
How does this lawsuit impact ethical AI development?
The case underlines the need for clarity in balancing innovation and copyright protection in AI development. It prompts discussions on the ethical considerations of utilizing copyrighted materials for AI training.
Apart from Meta Platforms, are other tech giants facing similar legal challenges?
Yes, other prominent players like Microsoft-backed OpenAI also encounter legal scrutiny over similar issues. This indicates a broader legal battleground surrounding AI and copyright law.
What is the key takeaway from this legal battle?
The outcome of this case will significantly influence how companies navigate AI innovation while respecting intellectual property rights. It emphasizes the need for clear guidelines in this evolving landscape.
This legal battle between Meta Platforms and the authors raises fascinating questions about the intersection of AI and copyright law. It’s intriguing to witness the clash between innovative AI technology and the realm of intellectual property rights.
The lawsuit’s core revolves around whether Meta violated copyrights by utilizing authors’ works to train its AI model. This case isn’t an isolated incident; it reflects a broader landscape where tech giants face scrutiny over using copyrighted material for AI development. The outcome of this legal battle will undoubtedly echo through the tech industry.