That a service incorporating the authors' works exists is not at issue. The plaintiffs' claims are, as summarized by Alsup:
First, Authors argue that using works to train Claude’s underlying LLMs
was like using works to train any person to read and write, so Authors
should be able to exclude Anthropic from this use (Opp. 16).
Second, to that last point, Authors further argue that the training was
intended to memorize their works’ creative elements — not just their
works’ non-protectable ones (Opp. 17).
Third, Authors next argue that computers nonetheless should not be
allowed to do what people do.
The first paragraph sounds absurd, so I looked into the PDF, and here's the full version I found:
> First, Authors argue that using works to train Claude’s underlying LLMs was like using
works to train any person to read and write, so Authors should be able to exclude Anthropic
from this use (Opp. 16). But Authors cannot rightly exclude anyone from using their works for
training or learning as such. Everyone reads texts, too, then writes new texts. They may need
to pay for getting their hands on a text in the first instance. But to make anyone pay
specifically for the use of a book each time they read it, each time they recall it from memory,
each time they later draw upon it when writing new things in new ways would be unthinkable.
For centuries, we have read and re-read books. We have admired, memorized, and internalized
their sweeping themes, their substantive points, and their stylistic solutions to recurring writing
problems.
Couldn't have put it better myself (though $deity knows I tried many times on HN). Glad to see Judge Alsup continues to be the voice of common sense in legal matters around technology.
> That a service incorporating the authors' works exists is not at issue.
It's not an issue because it's not currently illegal because nobody could have foreseen this years ago.
But it is profiting off of the unpaid work of millions. And there's very little chance of change because it's so hard to pass new protection laws when you're not Disney.
Computers cannot learn and are not subjects to laws. What happens, is a human takes a copyrighted work, makes an unauthorized digital copy, and loads it into a computer without authorization from copyright owner.
Anthropic is selling a service that incorporates these pirated works.
That a service incorporating the authors' works exists is not at issue. The plaintiffs' claims are, as summarized by Alsup:
https://media.npr.org/assets/artslife/arts/2025/order.pdf
The first paragraph sounds absurd, so I looked into the PDF, and here's the full version I found:
> First, Authors argue that using works to train Claude’s underlying LLMs was like using works to train any person to read and write, so Authors should be able to exclude Anthropic from this use (Opp. 16). But Authors cannot rightly exclude anyone from using their works for training or learning as such. Everyone reads texts, too, then writes new texts. They may need to pay for getting their hands on a text in the first instance. But to make anyone pay specifically for the use of a book each time they read it, each time they recall it from memory, each time they later draw upon it when writing new things in new ways would be unthinkable. For centuries, we have read and re-read books. We have admired, memorized, and internalized their sweeping themes, their substantive points, and their stylistic solutions to recurring writing problems.
Couldn't have put it better myself (though $deity knows I tried many times on HN). Glad to see Judge Alsup continues to be the voice of common sense in legal matters around technology.
3 replies →
> That a service incorporating the authors' works exists is not at issue.
It's not an issue because it's not currently illegal because nobody could have foreseen this years ago.
But it is profiting off of the unpaid work of millions. And there's very little chance of change because it's so hard to pass new protection laws when you're not Disney.
5 replies →
Computers cannot learn and are not subjects to laws. What happens, is a human takes a copyrighted work, makes an unauthorized digital copy, and loads it into a computer without authorization from copyright owner.
6 replies →
> underlying LLMs was like using works to train any person to read and write
I don't think humans learn via backprop or in rounds/batches, our learning is more "online".
If I input text into an LLM it doesn't learn from that unless the creators consciously include that data in the next round of teaching their model.
Humans also don't require samples of every text in history to learn to read and write well.
Hunter S Thompson didn't need to ingest the Harry Potter books to write.