Judge Allows BitTorrent Seeding Claims Against Meta, Despite Lawyers 'Lame Excuses' (torrentfreak.com) 9
An anonymous reader quotes a report from TorrentFreak: In an effort to gather material for its LLM training, Meta used BitTorrent to download pirated books from Anna's Archive and other shadow libraries. According to several authors, Meta facilitated the infringement of others by "seeding" these torrents. This week, the court granted the authors permission to add these claims to their complaint, despite openly scolding their counsel for "lame excuses" and "Meta bashing." [...] The judge acknowledged that the contributory infringement claim could and should have been added back in November 2024, when the authors amended their complaint to include the distribution claim. After all, both claims arise from the same factual allegations about Meta's torrenting activity.
"The lawyers for the named plaintiffs have no excuse for neglecting to add a contributory infringement claim based on these allegations back in November 2024," Judge Chhabria wrote. The lawyers of the book authors claimed that the delay was the result of newly produced evidence that had "crystallized" their understanding of Meta's uploading activity. However, that did not impress the judge. He called it a "lame excuse" and "a bunch of doubletalk," noting that if the missing discovery truly prevented the contributory claim from being added in November 2024, the same logic would have prevented the distribution claim from being added at that time as well. "Rather than blaming Meta for producing discovery late, the plaintiffs' lawyers should have been candid with the Court, explaining that they missed an issue in a case of first impression..," the order reads.
Judge Chhabria went further, noting that the authors' law firm, Boies Schiller, showed "an ongoing pattern" of distracting from its own mistakes by attacking Meta. He pointed specifically to the dispute over when Meta disclosed its fair use defense to the distribution claim, which we covered here recently, characterizing it as a false distraction. "The lawyers for the plaintiffs seem so intent on bashing Meta that they are unable to exercise proper judgment about how to represent the interests of their clients and the proposed class members," the order reads. Despite the criticism, Chhabria granted the motion. [...] For now, the case moves forward with a fourth amended complaint, three new loan-out companies added as named plaintiffs, and a growing list of BitTorrent-related claims for Judge Chhabria to resolve.
"The lawyers for the named plaintiffs have no excuse for neglecting to add a contributory infringement claim based on these allegations back in November 2024," Judge Chhabria wrote. The lawyers of the book authors claimed that the delay was the result of newly produced evidence that had "crystallized" their understanding of Meta's uploading activity. However, that did not impress the judge. He called it a "lame excuse" and "a bunch of doubletalk," noting that if the missing discovery truly prevented the contributory claim from being added in November 2024, the same logic would have prevented the distribution claim from being added at that time as well. "Rather than blaming Meta for producing discovery late, the plaintiffs' lawyers should have been candid with the Court, explaining that they missed an issue in a case of first impression..," the order reads.
Judge Chhabria went further, noting that the authors' law firm, Boies Schiller, showed "an ongoing pattern" of distracting from its own mistakes by attacking Meta. He pointed specifically to the dispute over when Meta disclosed its fair use defense to the distribution claim, which we covered here recently, characterizing it as a false distraction. "The lawyers for the plaintiffs seem so intent on bashing Meta that they are unable to exercise proper judgment about how to represent the interests of their clients and the proposed class members," the order reads. Despite the criticism, Chhabria granted the motion. [...] For now, the case moves forward with a fourth amended complaint, three new loan-out companies added as named plaintiffs, and a growing list of BitTorrent-related claims for Judge Chhabria to resolve.
I said it back when the case was brought (Score:2)
These lawyers should be sued for professional negligence. How they argued the case without addressing the most obvious concern and instead went on a tangent that had no hope in hell of succeeding is beyond me.
These guys are almost as stupid as Trump's lawyers. ... Maybe this was resume padding?
Re: (Score:2)
Re: (Score:2)
Then you make the claim and use discover to prove. Your "more likely" case still demonstrates complete negligence.
Re: I said it back when the case was brought (Score:2)
Re: (Score:1)
Ha, that's the same Boies Schiller that were wasting everyone's time with the SCO/Linux lawsuit.
They're not stupid, just typical lawfare firm.
torrenting is legal UDHR27 business META must pay! (Score:1)
Article 27
Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
obviously as a trillion dollar company Meta needs to contribute back to the authors of those scientific and cultural wor
Re: (Score:2)
Setting aside the fact that the Universal Declaration of Human Rights doesn't automatically make a thing legal, I think in this:
Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
You're reading "freely" to mean "gratis" when it should be read "libre" [wikipedia.org].