Meta's reasoning is straightforward. Anyone who uses BitTorrent to transfer files automatically uploads content to other people, as it is inherent to the protocol. In other words, the uploading wasn't a choice, it was simply how the technology works.
Meta also argued that the BitTorrent sharing was a necessity to get the valuable (but pirated) data. In the case of Anna's Archive, Meta said, the datasets were only available in bulk through torrent downloads, making BitTorrent the only practical option.
"Meta used BitTorrent because it was a more efficient and reliable means of obtaining the datasets, and in the case of Anna's Archive, those datasets were only available in bulk through torrent downloads," Meta's attorney writes.
Uploading Pirated Books via BitTorrent Qualifies as Fair Use, Meta Argues torrentfreak.com/uploading-pi... (scroll down for links to docs from lawsuit in California)
Context: Anna's Archive en.wikipedia.org/wiki/Anna%27...
#genAI #IPlaw #fairuse #filesharing #shadowlibraries #openweb #techpolicy