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by jagged-chisel 3 hours ago
Has this been argued? I'd love to read some actual court decisions.
1 comments

Here are some cases (mined from Wikipedia sources):

Tremblay v. OpenAI, Inc., No. 3:23-cv-03223 (N.D. Cal.) (https://dockets.justia.com/docket/california/candce/3:2023cv...)

Andersen v. Stability AI Ltd., No. 3:23-cv-00201 (N.D. Cal.) (https://law.justia.com/cases/federal/district-courts/califor...)

Authors Guild v. OpenAI, Inc., No. 1:23-cv-08292 (S.D.N.Y.) (https://law.justia.com/cases/federal/district-courts/new-yor...)

Getty Images (US), Inc. v. Stability AI, Inc., No. 1:23-cv-00135 (D. Del.) (https://dockets.justia.com/docket/delaware/dedce/1:2023cv001...)

The New York Times Co. v. Microsoft Corp., No. 1:23-cv-11195 (S.D.N.Y.) (https://law.justia.com/cases/federal/district-courts/new-yor...)

Richard Kadrey et al. v. Meta (https://www.documentcloud.org/documents/25984135-richard-kad...)

Bartz v. Anthropic (https://www.documentcloud.org/documents/25982181-authors-v-a...)

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Further reading:

"Generative AI Systems Tee Up Fair Use Fight" (Feb 2024) https://natlawreview.com/article/generative-ai-systems-tee-f...

"Meta’s AI copyright win comes with a warning about fair use

The federal judge who ruled in Meta’s favor still isn’t convinced its use of copyrighted materials for AI training qualifies as fair use." (Jan 2025) https://www.theverge.com/news/693437/meta-ai-copyright-win-f...

"Anthropic wins a major fair use victory for AI — but it’s still in trouble for stealing books

Judge William Alsup determined that Anthropic training its AI models on purchased copies of books is fair use." (Jun 2025) https://www.theverge.com/news/692015/anthropic-wins-a-major-...

"Copyright Office Weighs in on AI and Fair Use Amid Major Leadership Shakeup" (May 2025) https://ipwatchdog.com/2025/05/12/copyright-office-weighs-ai...

I respect Alsup on tech issues.

But aren't all of these initial decisions? That is, I don't expect that this is decided until there's a Supreme Court decision. There's still two levels of appeal to go before we get there.

Certainly the first five above all look to be trial court decisions which generally aren't citable law, but can be informative. It will almost certainly get to the Supreme Court at some point, it's too big an issue; until then we'll (probably) have a couple of different appellate court opinions to wait for.
I guess that depends on whether these cases are being appealed or if there is a "circuit split." Which is to say, those are the conditions I'm aware of under which a lower court decision does not constitute a decision decision.

As always, IANAL, but I do listen to their podcasts often (IANALBIDLTTPO)