DLF Response to Generative AI and D: An Open Letter

[Adam Wilson]

On Sunday, 12 July 2026 at 13:08:30 UTC, Indraj Gandham wrote:
> Thirdly, I would like to draw attention to Section 1202(b) of 
> the Digital Millennium Copyright Act, reproduced below:
>

Kadrey v. Meta is the most recent settled DMCA 1202 case. Unlike 
in Bartz where an out-of-court settlement was reached, the 
plaintiffs in Kadrey lost their DMCA 1202 claims. The ruling held 
that LLM's were far beyond the threshold for transformative fair 
use. The Kadrey ruling was issued on June 27th 2026. I read the 
full ruling and after reading it I doubt there will be any 
successful 1202 cases, the case law building on this particular 
legal avenue is robust. The judge recommended another claim they 
could have tried but didn't. The rulings to date make it clear 
that the underlying technology of LLM's is inherently 
transformative (The T in GPT stands for "Transformer").

There is a separate claim in Kadrey that is still open around 
Meta's use of BitTorrent to download the book libraries in 
question, but unless Meta explicitly choose to allow 
re-uploading, I doubt anything comes of it. I followed the 
BitTorrent cases of the 2010's and unless you're the seeder, it's 
almost impossible to make a copyright violation case out of 
simple re-uploading.