Kadrey v. Meta Platforms, Inc.
3:23-cv-03417
| N.D. Cal. | Jun 27, 2025Background
- Plaintiffs (including Richard Kadrey) sued Meta Platforms, Inc. alleging, among other claims, violation of the Digital Millennium Copyright Act (DMCA) under 17 U.S.C. § 1202(b)(1).
- The DMCA claim was based on allegations that Meta intentionally removed copyright management information (CMI) from plaintiffs' works in connection with training its Llama AI model.
- Meta moved for partial summary judgment seeking dismissal of the DMCA claim.
- In previous summary judgment proceedings in this case, the court found Meta’s copying of the plaintiffs’ works for AI training purposes constituted fair use as a matter of law.
- The court’s order on this motion assumes the reader is familiar with the prior procedural history and factual background.
- This order addresses only the DMCA claim, focusing on whether CMI removal in furtherance of a fair use can trigger DMCA liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does DMCA § 1202(b) apply where underlying act is fair use? | DMCA claim survives even if use is fair under copyright law | Fair use means no infringement, so CMI removal can't violate DMCA | DMCA claim fails because fair use precludes DMCA liability |
Key Cases Cited
- Lenz v. Universal Music Corp., 815 F.3d 1145 (9th Cir. 2016) (Fair use is not infringement under the Copyright Act)
- Evergreen Safety Council v. RSA Network Inc., 697 F.3d 1221 (9th Cir. 2012) (Willfulness requires knowledge of infringement; reasonable belief in fair use negates intent)
- Atari Games Corp. v. Nintendo of America, Inc., 975 F.2d 832 (Fed. Cir. 1992) (Interpreting what constitutes enabling infringement, though predates the DMCA)