The Wrong Argument – Why Authors Lost Against Meta and What Comes Next

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.