this post was submitted on 31 May 2026
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[–] corbin@awful.systems 2 points 9 hours ago

It's been a while since we've heard anything related to books3. Copyright attorney Leonard French has a news update (video) on Nazemian et al v. nVidia. nVidia requested that any mention of Bittorrent be removed; really, they just asked for one sentence to be removed, but the judge thought that it was like "asking to strike paintbrush allegations from a case about dolphin paintings" (sic; I don't have the transcript) and refused. The theory is that nVidia could have argued that they were not contributory infringers and then appealed to Cox v. Sony, where Cox said that it's not their fault that some of their customers are pirates. However, it seems like any sort of Cox appeal is not possible here because the judge recognizes that Bittorrent isn't a dumb network.

If you're anti-copyright like me: Oh look, Cox wasn't a big sweeping get-out-of-trouble card for non-ISPs. I still don't think judges actually understand networks, but this is definitely better than a lack of understanding. If you're one of the pro-copyright-because-anti-AI sickos: nVidia took a big loss here. This was their only shot at keeping their usage of books3, Anna's Archive, and other shadow libraries out of court. Like Anthropic before them in Bartz v. Anthropic, they may have to come to the judge with an offering of a settlement paying a few hundred USD/author to each member of the class. This sucks for the popular authors but might be more cash in hand than the long tail would otherwise receive in royalties.