And I presume the Anthropic CEO will be indicted on 13 felony counts under the Computer Fraud and Abuse Act and for wire fraud. Like Aaron Swartz, right?
Right?
N.B. JSTOR explicitly settled with Swartz, suffered no financial harm, and begged the federal government to drop the case. The government refused and prosecuted Swartz anyway. Anthropic settled for $1.5 billion primarily because of the theft and storage of the files, but this was somehow a Civil issue...
It seems like you believe it was wrong for Swartz to have been prosecuted. It doesn't seem like it would serve justice to prosecute other people in the same malicious way. Doing the wrong thing now just because a wrong thing happened in the past is not how a just society operates.
The difference here is that you have an individual with no profit motive being hounded by the government, vs a corporation with a profit motive and evidence of a continued pattern being let off with a slap on the wrist. To me that is not a just society.
I actually think we should maximally punish people for breaking the law if the law exists. And remove or edit the law if it no longer serves the people. The way we go about this stuff is that we let people break laws until it serves some purpose. Instead we should remove or edit the laws.
Otherwise we're creating a system where it is unfair for some people.
Aaron broke into a network closet and actively circumvented MAC address bans. The comparison isn't meaningful. Anthropic downloaded theirs from libgen:
> Similar to the claims in Bartz, the plaintiffs allege that Anthropic illegally downloaded, reproduced and distributed their copyrighted books from “shadow libraries” like LibGen and PiLiMi, and that Anthropic broke the law by downloading and storing the pirated files in a central library.
Why isn't the comparison meaningful? Aaron broke the law and circumvented protections, Anthropic broke the law and circumvented protections. Regardless of if Aaron broke into a network closet or anthropic broke DRM, anthropic took explicit action to receive knowingly stolen goods.
Yes. This isn't even controversial. Aaron broke into a network to obtain papers. The CFAA is applied when someone breaks into a network. Downloading from libgen isn't breaking into a network.
(2) More to the point, it 100% breached the CFAA by securing unauthorised access to a U.S. state government website hosting election-related data, pulling aggregate vote-count statistics from a gated government dashboard. The state government itself confirmed the access was entirely unauthorised.
If a human security researcher had deployed an agent that behaved this way, it would constitute a textbook felony under the CFAA for accessing those systems without authorisation.
Unfortunately different rules apply when you have the power to buy off Congress and the Appeals Courts.
Most recently a US appeals court ruled on 5 August that Amazon was unlikely to succeed on a claim that Perplexity's AI agents violated the Computer Fraud and Abuse Act by covertly accessing private Amazon customer accounts.
What matters is how you got it. Accepting a watch someone freely offers you is different from breaking into a house to steal it, even if the watch you were given turns out to be stolen.
In reference to the laws handling stolen goods; the law holds you accountable if a reasonable person in your exact situation would have suspected the item was stolen.
For example, if the item was derived from a repository of stolen goods that was already illegal in the US on the basis of it being a repository of stolen goods.
the cfaa is extremely broad, but it doesn't cover downloading books from libgen and the like. there is no alleged unauthorized system access (in this case).
The law is not some immutable thing, in fact its something that we humans evolve over time on a case by case basis to improve and adjust.
Hence why bringing up a case where justice was not served proportionally presents an opportunity to discuss where potential improvements could be made or errors were committed.
I know it makes people who take comfort in institutions and rules uncomfortable to bring up the fact that none of this is real and all of it is a construct.
But we can in fact improve "the law" and have done so basically since the beginning of time, hence how the current law came to be. In the US specifically, this is literally the basis of how common law works (bottoms up vs. top down).
That professor saying that the use of work he already produced amounts to "slave labor"... copyright infringement is substantially different than slavery.
Distinction without a difference. They pirated books for the purpose of using them to train their models.
The noteworthy thing here, IMO, is the judge seems to have explicitly stated that using legally-acquired works to train AI models falls under fair use.
I think it's a significant distinction. The original title implies that the training was illegal when the court actually found that the training was fair use. It implies that Anthropic was required to ask the professors for permission to train on their books.
What the actual ruling found was that the professors should have been paid some tens of dollars for 1 copy of their book.
(Whether you agree with it or not is another matter)
Title is misleading. The ruling said training on books is fair use. What got them in trouble was grabbing the books from LibGen instead of just buying them, which is a pretty dumb way to lose $1.5B. If I torrented half a million books I'd be getting a lot more than a $3k-per-book settlement.
We went through this with Google. Scanning books is legal as long as you then immediately destroy them. Then since training with material you own is fair use they’re good to go.
That is an excellent way of looking at things - if a distillation attack against a model is bad, so should be a distillation attack against mankind. I'd argue that this suggests the former should be legal, rather than the latter becoming illegal.
I'm willing to bet the vast majority of students and professors at Stanford have consulted an "illegally obtained" textbook at some point. Either directly from Anna or second hand.
There's a certain element of irony to all of this, what, with it being Stanford, the home of "forgiveness is easier to get than permission" and anti-regulation sentiment in the tech industry.
Of course they did, same with almost every other bit of training material that isn't synthetic (and still indirectly created with illegally obtained training data)
They were already eligible for damages as per the class-action settlement, but several Stanford professors actively opted out of the blanket class-action settlement to pursue Anthropic individually for higher damages.
They should get Opus or one of the latest models to be the morality judge of what goes into training.
I had an issue recently where I asked claude code to log into a developer user on Chrome on my local host for a system which is fully local and part of the code base the agent was developing and it refused to do it, like flat out refused, I did it on multiple sessions and I could not get Claude to budge on entering the credentials - it required me to manually sign in.
Would be amazing if they used that same level of training for their intake exercises.
It would be funny to ask the profs if they are allowed, by law, to read 3 textbooks on a subject and then write a 4th themselves.
After a 1.5 billion settlement, the professor/authors are saying it's not enough.
The judge had an interesting summary of AI:
"He compared AI training to how humans can read, internalize and remember a book’s themes and style. “Like any reader aspiring to be a writer, Anthropic’s LLMs trained upon works not to race ahead and replicate or supplant them — but to turn a hard corner and create something different,” he wrote."
Does copyright over knowledge-based works really have any legitimate position in today's society? We're entering a new age of how information is created, used, and distributed.
> [The Congress shall have Power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
This violates the RICO statute; the entire organization was aware of and relied on the widespread and organized violation of copyright laws as the basis of their entire business. It is a criminal organization, should be seized, and everyone in the chain of command that was aware of or executed on this plan should be tried criminally.
I do not think training an AI model is Fair Use, because LLM "training" is being used as a metaphor for building a matrix with a computer. Only people and animals train and learn; computers run statistical problems over input, which in this case was illegal input acquired by humans.
But it does not matter whether training LLMs is Fair Use, "Fair Use" is a strange and arbitrary legal term that can be expanded to include AI if we wish. This was organized crime whether or not LLM training on copyrighted materials is fair use. It was organized crime whether or not they planned to use them for AI at all.
AI is irrelevant. They could have trained it on GPL'd or MIT code (as long as they then distributed according to the terms of the licenses), and works in the public domain. They could have gotten what they were doing explicitly declared to be fair use by the Library of Congress, and then purchased the materials, like they are belatedly doing now. It wasn't necessary to violate copyright law to prove the technology. They could have proved the technology, then asked for copyright law to be clarified, and licensed huge volumes of works from the very few publishers we have left. Becoming a criminal organization was an explicit choice they made, and they discussed its illegality, and even the risk that it would be discussed on HN, which might inspire prosecution.
The reason they are not being prosecuted is because the rich are beyond the law; prosecutors will not prosecute them. The RICO statute is clear, and explicitly mentions copyright violation.
We can sentence the executives harshly, but go easy on the lower level people, because they are intelligent and valuable to advance the technology. The executives aren't necessary for anything. They're currently running finance scams that are extremely dangerous for the economy. They belong in prison to protect the public.
This is an option that people (real people, with names) have, and are not taking. When they say that they care about law and order, and are worried about the behavior of these companies, they are lying. Trump could literally nationalize them for what they've done. They're vulnerable to any state's attorney who has any author in their state whose book was downloaded. Libgen/Annas-archive would have been the most important honeypot in history.
Good! Information wants to be free, not locked up in some ivory tower. This is a great time upon us, when academics and ivy league elites can no longer gate keep knowledge and hoard it for their ego. Knowledge should benefit humanity as broadly as possible, not just the rich and their academic ilk.
This. It's funny how supposed hackers and freethinkers, most of whom likely pirated something multiple times in their lives, suddenly support copyright.
Why couldn’t they pay for the book to get that knowledge then?
Or do you believe, all books should be free, authors shouldn’t be compensated ever? Why should we compensate programmers or any knowledge worker than if the fruits of their labor should thusly be freely distributed?
It's not the information itself that get sold, but the specific composition of information arranged as a book. Work went into it and people who do it sell that rightfully.
Haha. I appreciate the intent behind this. HN will hate and downvote it of course, but we need constant reminders that we are emotional, take sides just like everyone else, and selectively get outraged about things.
Right?
N.B. JSTOR explicitly settled with Swartz, suffered no financial harm, and begged the federal government to drop the case. The government refused and prosecuted Swartz anyway. Anthropic settled for $1.5 billion primarily because of the theft and storage of the files, but this was somehow a Civil issue...
Otherwise we're creating a system where it is unfair for some people.
> Similar to the claims in Bartz, the plaintiffs allege that Anthropic illegally downloaded, reproduced and distributed their copyrighted books from “shadow libraries” like LibGen and PiLiMi, and that Anthropic broke the law by downloading and storing the pirated files in a central library.
Say you have a network. You want to keep someone out of it. The tool for that is the CFAA.
If you have a book, and you want to stop someone from reproducing it, the tool for that is copyright.
They cover different domains. If you're not breaking into a network, you're unlikely to be charged under the CFAA.
(1) They admitted its Claude models had breached the systems of three companies since April; including Huggingface.
https://www.bloomberg.com/news/articles/2026-07-30/anthropic...
(2) More to the point, it 100% breached the CFAA by securing unauthorised access to a U.S. state government website hosting election-related data, pulling aggregate vote-count statistics from a gated government dashboard. The state government itself confirmed the access was entirely unauthorised.
https://seekingalpha.com/news/4657023-anthropics-claude-bypa...
If a human security researcher had deployed an agent that behaved this way, it would constitute a textbook felony under the CFAA for accessing those systems without authorisation.
Unfortunately different rules apply when you have the power to buy off Congress and the Appeals Courts.
Most recently a US appeals court ruled on 5 August that Amazon was unlikely to succeed on a claim that Perplexity's AI agents violated the Computer Fraud and Abuse Act by covertly accessing private Amazon customer accounts.
https://www.rte.ie/news/technology/2026/0807/1586941-artific...
RIP Aaron Swartz.
For example, if the item was derived from a repository of stolen goods that was already illegal in the US on the basis of it being a repository of stolen goods.
https://arstechnica.com/tech-policy/2024/09/pirate-library-m...
What is the law besides "bizarre overlapping and bureaucratic rule making"? You can't charge people on vibes like "underlying values and beliefs"
Hence why bringing up a case where justice was not served proportionally presents an opportunity to discuss where potential improvements could be made or errors were committed.
I know it makes people who take comfort in institutions and rules uncomfortable to bring up the fact that none of this is real and all of it is a construct.
But we can in fact improve "the law" and have done so basically since the beginning of time, hence how the current law came to be. In the US specifically, this is literally the basis of how common law works (bottoms up vs. top down).
But the rich buy “justice”. Us plebes are meant to “face justice”.
> any coerced or poorly remunerated work. [1]
[1] https://www.dictionary.com/browse/slave-labor
And on the coercion side your definition includes jury duty.
Your definition doesn't work.
Anthropic trained on illegally acquired Stanford professors' books
The article does not say the training was illegal (although does discuss the professors push for a licensing model).
The noteworthy thing here, IMO, is the judge seems to have explicitly stated that using legally-acquired works to train AI models falls under fair use.
What the actual ruling found was that the professors should have been paid some tens of dollars for 1 copy of their book.
(Whether you agree with it or not is another matter)
But the car I bought with the money was totally legal.
So you come with this amazing idea regarding anything... how to build a chip, how to write software... and you write a book on how to...
Then a model eat it... spit it for free (they could get an advantage from being able to exercise that logic) and it's fair use...
Then... why torrent it, can't they sent someone to buy the book and scan it or buy it in pdf?
They've since bought vast numbers of second hand books and scanned those for training, which appears be legal.
As for the training being fair use, this is still disputed:
https://www.courthousenews.com/ai-training-of-copyrighted-ma...
https://www.nytimes.com/2026/08/24/opinion/claude-pirated-bo...
Damn right too.
I had an issue recently where I asked claude code to log into a developer user on Chrome on my local host for a system which is fully local and part of the code base the agent was developing and it refused to do it, like flat out refused, I did it on multiple sessions and I could not get Claude to budge on entering the credentials - it required me to manually sign in.
Would be amazing if they used that same level of training for their intake exercises.
After a 1.5 billion settlement, the professor/authors are saying it's not enough.
The judge had an interesting summary of AI:
"He compared AI training to how humans can read, internalize and remember a book’s themes and style. “Like any reader aspiring to be a writer, Anthropic’s LLMs trained upon works not to race ahead and replicate or supplant them — but to turn a hard corner and create something different,” he wrote."
> [The Congress shall have Power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
I do not think training an AI model is Fair Use, because LLM "training" is being used as a metaphor for building a matrix with a computer. Only people and animals train and learn; computers run statistical problems over input, which in this case was illegal input acquired by humans.
But it does not matter whether training LLMs is Fair Use, "Fair Use" is a strange and arbitrary legal term that can be expanded to include AI if we wish. This was organized crime whether or not LLM training on copyrighted materials is fair use. It was organized crime whether or not they planned to use them for AI at all.
AI is irrelevant. They could have trained it on GPL'd or MIT code (as long as they then distributed according to the terms of the licenses), and works in the public domain. They could have gotten what they were doing explicitly declared to be fair use by the Library of Congress, and then purchased the materials, like they are belatedly doing now. It wasn't necessary to violate copyright law to prove the technology. They could have proved the technology, then asked for copyright law to be clarified, and licensed huge volumes of works from the very few publishers we have left. Becoming a criminal organization was an explicit choice they made, and they discussed its illegality, and even the risk that it would be discussed on HN, which might inspire prosecution.
The reason they are not being prosecuted is because the rich are beyond the law; prosecutors will not prosecute them. The RICO statute is clear, and explicitly mentions copyright violation.
We can sentence the executives harshly, but go easy on the lower level people, because they are intelligent and valuable to advance the technology. The executives aren't necessary for anything. They're currently running finance scams that are extremely dangerous for the economy. They belong in prison to protect the public.
This is an option that people (real people, with names) have, and are not taking. When they say that they care about law and order, and are worried about the behavior of these companies, they are lying. Trump could literally nationalize them for what they've done. They're vulnerable to any state's attorney who has any author in their state whose book was downloaded. Libgen/Annas-archive would have been the most important honeypot in history.
Very soon, all information will be free!
Or do you believe, all books should be free, authors shouldn’t be compensated ever? Why should we compensate programmers or any knowledge worker than if the fruits of their labor should thusly be freely distributed?