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A federal judge in California ruled Monday that Anthropic likely violated copyright law when it pirated authors’ books to create a giant dataset and "forever" library but that training its AI on those books without authors' permission constitutes transformative fair use under copyright law. The complex decision is one of the first of its kind in a series of high-profile copyright lawsuits brought by authors and artists against AI companies, and it’s largely a very bad decision for authors, artists, writers, and web developers.
This case, in which authors Andrea Bartz, Charles Graeber, and Kirk Wallace Johnson sued Anthropic, maker of the Claude family of large language models, is one of dozens of high-profile lawsuits brought against AI giants. The authors sued Anthropic because the company scraped full copies of their books for the purposes of training their AI models from a now-notorious dataset called Books3, as well as from the piracy websites LibGen and Pirate Library Mirror (PiLiMi). The suit also claims that Anthropic bought used physical copies of books and scanned them for the purposes of training AI.
"From the start, Anthropic ‘had many places from which’ it could have purchased books, but it preferred to steal them to avoid ‘legal/practice/business slog,’ as cofounder and chief executive officer Dario Amodei put it. So, in January or February 2021, another Anthropic cofounder, Ben Mann, downloaded Books3, an online library of 196,640 books that he knew had been assembled from unauthorized copies of copyrighted books — that is, pirated," William Alsup, a federal judge for the Northern District of California, wrote in his decision Monday. "Anthropic’s next pirated acquisitions involved downloading distributed, reshared copies of other pirate libraries. In June 2021, Mann downloaded in this way at least five million copies of books from Library Genesis, or LibGen, which he knew had been pirated. And, in July 2022, Anthropic likewise downloaded at least two million copies of books from the Pirate Library Mirror, or PiLiMi, which Anthropic knew had been pirated."