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When comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden sued Meta Platforms claiming the company infringed their copyrights by training its LLaMA set of large language models using data sets that included their books, it was no laughing matter. Kadrey v. Meta Platforms Inc., 23-cv-03417 (N.D.Calif. 2023). Whether there's a fair use right to use copyrighted texts to train learning language models (LLMs) such as LLaMA is one of the central legal questions facing companies developing generative artificial intelligence.
But when a lawyer for the authors recently tried to convince U.S. District Judge Vince Chhabria that LLaMA outputs — convincingly natural text responding to user prompts — somehow infringed the author's copyrights, the judge said the argument was making his "head explode."
District Judge Chhabria then knocked out a significant chunk of the plaintiffs' initial claims calling the argument that the LLaMA language models are themselves infringing derivative works "nonsensical" — a win for Meta's legal team led by Bobby Ghajar, Mark Weinstein and Judd Lauter of the Cooley law firm. Following are interviews about the Kadrey case with these defense lawyers.
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