Powered by Lexis+® UK
Jurisdiction(s):
United Kingdom

Two US district court decisions on LLM training: fair use found in Anthropic and Meta cases, with divergent views on market harm, piracy and licensing

Published on: 07 July 2025

Published by a Law360 reporter
Legal News
imgtext
Article summary

In landmark rulings in distinct copyright actions lodged by bestselling authors against Anthropic PBC and Meta Platforms, California US District Judges William Alsup and Vince Chhabria each concluded, in their respective cases, that the companies’ large language models (LLMs) are sufficiently transformative to weigh in favour of fair use. Yet the two differed on AI’s capacity to supplant human-made works, reaching opposite views even while both held that Anthropic and Meta fairly used millions of books copied without authorisation to train their respective systems, Claude and Llama. Both firms are alleged to have sourced, at least on some occasions, portions of the millions of books they used from pirating sites. Anthropic must face a trial on those allegations, and the question remains open in Meta’s matter. The court in that case has set a conference for 11 July 2025 to determine how to proceed on that matter. These California opinions mark the first pronouncements from a federal court on whether training AI on copyrighted material is fair, though more are surely to come; they are unlikely to be the final word. The controversy sits at the centre of numerous complaints against AI developers, among them OpenAI, Microsoft Corp and Google...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow