An important note here, the judge has already ruled in this case that "using Plaintiffs’ works “to train specific LLMs [was] justified as a fair use” because “[t]he technology at issue was among the most transformative many of us will see in our lifetimes.” during the summary judgement order.

The plaintiffs are not suing Anthropic for infringing on their copyright, the court has already ruled that it was so obvious that they could not succeed with that argument that it could be dismissed. Their only remaining claim is that Anthropic downloaded the books from piracy sites using bittorrent

This isn’t about LLMs anymore, it’s a standard “You downloaded something on Bittorrent and made a company mad”-type case that has been going on since Napster.

Also, the headline is incredibly misleading. It’s ascribing feelings to an entire industry based on a common legal filing that is not by itself noteworthy. Unless you really care about legal technicalities, you can stop here.

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The actual news, the new factual thing that happened, is that the Consumer Technology Association and the Computer and Communications Industry Association filed an Amicus Brief, in an appeal of an issue that Anthropic the court ruled against.

This is pretty normal legal filing about legal technicalities. This isn’t really newsworthy outside of, maybe, some people in the legal profession who are bored.

The issue was class certification.

Three people sued Anthropic. Instead of just suing Anthropic on behalf of themselves, they moved to be certified as class. That is to say that they wanted to sue on behalf of a larger group of people, in this case a “Pirated Books Class” of authors whose books Anthropic downloaded from the book piracy websites.

The judge ruled they can represent the class, Anthropic appealed the ruling. During this appeal an industry group filed an Amicus brief with arguments supporting Anthropic’s argument. This is not uncommon, The Onion famously filed an Amicus brief with the Supreme Court when they were about to rule on issues of parody. Like everything The Onion writes, it’s a good piece of satire: supremecourt.gov/…/20221003125252896_35295545_1-2…