seeding

Just because Meta admitted to torrenting a dataset of pirated books for AI training purposes, that doesn’t necessarily mean that Meta seeded the file after downloading it, the social media company claimed in a court filing this week.

Evidence instead shows that Meta “took precautions not to ‘seed’ any downloaded files,” Meta’s filing said. Seeding refers to sharing a torrented file after the download completes, and because there’s allegedly no proof of such “seeding,” Meta insisted that authors cannot prove Meta shared the pirated books with anyone during the torrenting process.

Whether or not Meta actually seeded the pirated books could make a difference in a copyright lawsuit from book authors including Richard Kadrey, Sarah Silverman, and Ta-Nehisi Coates. Authors had previously alleged that Meta unlawfully copied and distributed their works through AI outputs—an increasingly common complaint that so far has barely been litigated. But Meta’s admission to torrenting appears to add a more straightforward claim of unlawful distribution of copyrighted works through illegal torrenting, which has long been considered established case-law.

Authors have alleged that “Meta deliberately engaged in one of the largest data piracy campaigns in history to acquire text data for its LLM training datasets, torrenting and sharing dozens of terabytes of pirated data that altogether contain many millions of copyrighted works.” Separate from their copyright infringement claims opposing Meta’s AI training on pirated copies of their books, authors alleged that Meta torrenting the dataset was “independently illegal” under California’s Computer Data Access and Fraud Act (CDAFA), which allegedly “prevents the unauthorized taking of data, including copyrighted works.”

Meta, however, is hoping to convince the court that torrenting is not in and of itself illegal, but is, rather, a “widely-used protocol to download large files.” According to Meta, the decision to download the pirated books dataset from pirate libraries like LibGen and Z-Library was simply a move to access “data from a ‘well-known online repository’ that was publicly available via torrents.”