Fair Use: Judge Tries Splitting the Baby!

Judge Vince Chhabria found for Meta, determining that the use of downloaded books to train Llama was fair use. However, in the process he tried to split the baby, and give Plaintiffs what they would need to prevail, claiming that the harm to the market NOT for infringing works but increased competition is more important than the First Amendment! In direct contrast to Alsup's ruling.

Let's hope it's Alsup's ruling and not Chhabria's that more closely represents future precedent!

Order – #598 in Kadrey v. Meta Platforms, Inc. https://www.courtlistener.com/docket/67569326/598/kadrey-v-meta-platforms-inc/

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0:00 - Intro
0:58 - Judge Chhabria's Decision
7:13 - Factor One: The Purpose and Character of the Use
11:30 - Factor Two: The Nature of the Copyrighted Work
12:35 - Factor Three: The Amount and Substantiality of the Portion Used in Relation to the Copyrighted Work as a Whole
12:54 - Factor Four: The Effect of the Use upon the Potential Market for or Value of the Copyrighted Work
14:20 - Does Mere Competition "Harm the Market"?
21:13 - What about "Piracy"?
22:28 - Judge Chhabria's Conclusion