š° New article from TorrentFreak
Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Suggests
https://torrentfreak.com/uploading-pirated-books-via-bittorrent-qualifies-as-fair-use-meta-suggests/
Meta Says Seeding Pirated Books is Fair UseāAnd Itās Complicated
In a twist that even BitTorrent power users might find ironic, Meta is now arguing that uploading pirated books via BitTorrentāyes, the part where your computer shares files with othersāis protected under fair use. Why? Because the protocol requires seeding, and without it, downloading wouldnāt work.
The context: Meta used pirated books from shadow libraries like Annaās Archive to train its Llama AI models. Last summer, a judge ruled that training on copyrighted material was fair useābut the court left open whether merely downloading and sharing those files (i.e., torrenting them) also qualified. Thatās where Metaās new legal gambit comes in.
Meta claims the seeding wasnāt voluntaryāit was a technical inevitability. As their lawyers put it, āpart and parcelā of the download process. And since the main goal (training AI) was deemed fair use, so too must be the means to obtain the data.
But the authors arenāt buying it. They argue Meta waited too long to raise this defenseādespite being aware of the seeding claims since late 2024āand that itās trying to bypass discovery deadlines.
Meanwhile, Meta leans on admissions from the authors themselves: none can point to an AI-generated output that copies their books. As Sarah Silverman put it: āIt doesnāt matter at all.ā
This case isnāt just about books or torrentsāitās about how AI learns, and who gets to decide the rules. Judges will be watching closely.
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For the legally curious: Metaās filings are [here](link), the authorsā objection is [here](link), and Metaās reply is [here](link).
