BItTorrent

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Meta pirated and seeded porn for years to train AI, lawsuit says

Evidence may prove Meta seeded more content

Seeking evidence to back its own copyright infringement claims, Strike 3 Holdings searched “its archive of recorded infringement captured by its VXN Scan and Cross Reference tools” and found 47 “IP addresses identified as owned by Facebook infringing its copyright protected Works.”

The data allegedly demonstrates a “continued unauthorized distribution” over “several years.” And Meta allegedly did not stop its seeding after Strike 3 Holdings confronted the tech giant with this evidence—despite the IP data supposedly being verified through an industry-leading provider called Maxmind.

Strike 3 Holdings shared a screenshot of MaxMind’s findings. Credit: via Strike 3 Holdings’ complaint

Meta also allegedly attempted to “conceal its BitTorrent activities” through “six Virtual Private Clouds” that formed a “stealth network” of “hidden IP addresses,” the lawsuit alleged, which seemingly implicated a “major third-party data center provider” as a partner in Meta’s piracy.

An analysis of these IP addresses allegedly found “data patterns that matched infringement patterns seen on Meta’s corporate IP Addresses” and included “evidence of other activity on the BitTorrent network including ebooks, movies, television shows, music, and software.” The seemingly non-human patterns documented on both sets of IP addresses suggest the data was for AI training and not for personal use, Strike 3 Holdings alleged.

Perhaps most shockingly, considering that a Meta employee joked “torrenting from a corporate laptop doesn’t feel right,” Strike 3 Holdings further alleged that it found “at least one residential IP address of a Meta employee” infringing its copyrighted works. That suggests Meta may have directed an employee to torrent pirated data outside the office to obscure the data trail.

The adult site operator did not identify the employee or the major data center discussed in its complaint, noting in a subsequent filing that it recognized the risks to Meta’s business and its employees’ privacy of sharing sensitive information.

In total, the company alleged that evidence shows “well over 100,000 unauthorized distribution transactions” linked to Meta’s corporate IPs. Strike 3 Holdings is hoping the evidence will lead a jury to find Meta liable for direct copyright infringement or charge Meta with secondary and vicarious copyright infringement if the jury finds that Meta successfully distanced itself by using the third-party data center or an employee’s home IP address.

“Meta has the right and ability to supervise and/or control its own corporate IP addresses, as well as the IP addresses hosted in off-infra data centers, and the acts of its employees and agents infringing Plaintiffs’ Works through their residential IPs by using Meta’s AI script to obtain content through BitTorrent,” the complaint said.

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Judge: Pirate libraries may have profited from Meta torrenting 80TB of books

It could certainly look worse for Meta if authors manage to present evidence supporting the second way that torrenting could be relevant to the case, Chhabaria suggested.

“Meta downloading copyrighted material from shadow libraries” would also be relevant to the character of the use, “if it benefitted those who created the libraries and thus supported and perpetuated their unauthorized copying and distribution of copyrighted works,” Chhabria wrote.

Counting potential strikes against Meta, Chhabria pointed out that the “vast majority of cases” involving “this sort of peer-to-peer file-sharing” are found to “constitute copyright infringement.” And it likely doesn’t help Meta’s case that “some of the libraries Meta used have themselves been found liable for infringement.”

However, Meta may overcome this argument, too, since book authors “have not submitted any evidence” that potentially shows how Meta’s downloading may perhaps be “propping up” or financially benefiting pirate libraries.

Finally, Chhabria noted that the “last issue relating to the character of Meta’s use” of books in regards to its torrenting is “the relationship between Meta’s downloading of the plaintiffs’ books and Meta’s use of the books to train Llama.”

Authors had tried to argue that these elements were distinct. But Chhabria said there’s no separating the fact that Meta downloaded the books to serve the “highly transformative” purpose of training Llama.

“Because Meta’s ultimate use of the plaintiffs’ books was transformative, so too was Meta’s downloading of those books,” Chhabria wrote.

AI training rulings may get more authors paid

Authors only learned of Meta’s torrenting through discovery in the lawsuit, and because of that, Chhabria noted that “the record on Meta’s alleged distribution is incomplete.”

It’s possible that authors may be able to show evidence that Meta “contributed to the BitTorrent network” by providing significant computing power that could’ve meaningfully assisted shadow libraries, Chhabria said in a footnote.

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