The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
Published: July 25, 2025
In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s Llama models. But the ruling doesn’t give AI companies a free pass—it reveals the roadmap for how a better-prepared copyright plaintiff could win next time.
In this episode of The Briefing, Scott Hervey is joined by his partner Matt Sugarman as they break down:
- The background of Kadrey v. Meta
- The court’s detailed fair use analysis
- A comparison to Bartz v. Anthropic
- The “third theory” of market harm that could shape future litigation
- What AI developers must do now to avoid lawsuits
Watch this episode on YouTube or listen to this podcast episode here.