Meta’s AI Copyright Win: What It Means for Fair Use Policy and India
In a recent ruling, a U.S. federal judge sided with Meta in a copyright lawsuit brought by a group of prominent authors who alleged that their works were illegally used to train Meta’s LLaMA language model. While this seems like a significant legal victory for the tech giant, it may not be so. Rather, this is a good case study for creators in the USA to refine their legal strategies and for policymakers worldwide to act quickly to shape the rules of engagement between AI and intellectual property.
The Case: Meta vs. Authors
In Kadrey v. Meta, the plaintiffs alleged that Meta trained its LLaMA models on pirated copies of their books, violating copyright law. However, U.S. District Judge Vince Chhabria ruled that the authors failed to prove two critical things: that their copyrighted works had been used in a way that harmed their market and that such use was not “transformative.” In fact, the judge ruled that converting text into numerical representations to train an AI was sufficiently transformative under the U.S. fair use doctrine. He also noted that the authors’ failure to demonstrate economic harm undermined their claims. Importantly, he clarified that this ruling does not mean that all AI training data usage is lawful, only that the plaintiffs didn’t make a strong enough case.
Meta even admitted that some data was sourced from pirate sites like LibGen, but the Judge still found that fair use could apply because the usage was transformative and non-exploitative.
A Tenuous Win
Chhabria’s decision emphasised that this is not a blanket endorsement of using copyrighted content in AI training. The judgment leaned heavily on the procedural weakness of the case and not necessarily on the inherent legality of Meta’s practices.
Policy experts are warning that U.S. courts are currently interpreting AI training as fair use in narrow cases, but the rulings may not set the strongest judicial precedent. The application of law could change with clearer evidence of commercial harm or a more direct use of content.
Moreover, the ruling does not address whether authors or publishers should have the right to opt out of AI model training, a concern that is gaining momentum globally.
Implications for India
The case highlights a glaring gap in India’s copyright regime: it is outdated. Since most AI companies are located in the U.S., courts have had the opportunity to examine copyright in the context of AI-generated content. India has yet to start. Recently, news agency ANI filed a case alleging copyright infringement against OpenAI for training on its copyrighted material. However, the case is only at an interim stage. The final outcome of the case will have a significant impact on the legality of these language models being able to use copyrighted material for training.
Considering that India aims to develop “state-of-the-art foundational AI models trained on Indian datasets” under the IndiaAI Mission, the lack of clear legal guidance on what constitutes fair dealing when using copyrighted material for AI training is a significant gap.
Thus, key points of consideration for policymakers include:
- Need for Fair Dealing Clarity: India’s fair-dealing provisions under the Copyright Act, 1957, are narrower than U.S. fair use. The doctrine may have to be reviewed to strike a balance between this law and the requirement of diverse datasets to develop foundational models rooted in Indian contexts. A parallel concern regarding data privacy also arises.
- Push for Opt-Out or Licensing Mechanisms: India should consider whether to introduce a framework that requires companies to license training data or provide an opt-out system for creators, especially given the volume of Indian content being scraped by global AI systems.
- Digital Public Infrastructure for AI: India’s policymakers could take this opportunity to invest in public datasets, especially in regional languages, that are both high quality and legally safe for AI training.
- Protecting Local Creators: India needs to ensure that its authors, filmmakers, educators and journalists are protected from having their work repurposed without compensation, since power asymmetries between Big Tech and local creators can lead to exploitation of the latter.
Conclusion
The ruling in Meta’s favour is just one win for the developer. The real questions about consent, compensation and creative control remain unanswered. Meanwhile, the lesson for India is urgent: it needs AI policies that balance innovation with creator rights and provide legal certainty and ethical safeguards as it accelerates its AI ecosystem. Further, as global tech firms race ahead, India must not remain a passive data source; it must set the terms of its digital future. This will help the country move a step closer to achieving its goal of building sovereign AI capacity and becoming a hub for digital innovation.
References
- https://www.theguardian.com/technology/2025/jun/26/meta-wins-ai-copyright-lawsuit-as-us-judge-rules-against-authors
- https://www.wired.com/story/meta-scores-victory-ai-copyright-case/
- https://www.cnbc.com/2025/06/25/meta-llama-ai-copyright-ruling.html
- https://www.mondaq.com/india/copyright/1348352/what-is-fair-use-of-copyright-doctrine
- https://www.pib.gov.in/PressReleasePage.aspx?PRID=2113095#:~:text=One%20of%20the%20key%20pillars,models%20trained%20on%20Indian%20datasets.
- https://www.ndtvprofit.com/law-and-policy/ani-vs-openai-delhi-high-court-seeks-responses-on-copyright-infringement-charges-against-chatgpt
Related Blogs
Misinformation is a scourge in the digital world, making the most mundane experiences fraught with risk. The threat is considerably heightened in conflict settings, especially in the modern era, where geographical borders blur and civilians and conflict actors alike can take to the online realm to discuss -and influence- conflict events. Propaganda can complicate the narrative and distract from the humanitarian crises affecting civilians, while also posing a serious threat to security operations and law and order efforts. Sensationalised reports of casualties and manipulated portrayals of military actions contribute to a cycle of violence and suffering.
A study conducted by MIT found the mere thought of sharing news on social media reduced the ability to judge whether a story was true or false; the urge to share outweighed the consideration of accuracy (2023). Cross-border misinformation has become a critical issue in today's interconnected world, driven by the rise of digital communication platforms. To effectively combat misinformation, coordinated international policy frameworks and cooperation between governments, platforms, and global institutions are created.
The Global Nature of Misinformation
Cross-border misinformation is false or misleading information that spreads across countries. Out-of-border creators amplify information through social media and digital platforms and are a key source of misinformation. Misinformation can interfere with elections, and create serious misconceptions about health concerns such as those witnessed during the COVID-19 pandemic, or even lead to military conflicts.
The primary challenge in countering cross-border misinformation is the difference in national policies, legal frameworks and governance policies of social media platforms across various jurisdictions. Examining the existing international frameworks, such as cybersecurity treaties and data-sharing agreements used for financial crimes might be helpful to effectively address cross-border misinformation. Adapting these approaches to the digital information ecosystem, nations could strengthen their collective response to the spread of misinformation across borders. Global institutions like the United Nations or regional bodies like the EU and ASEAN can work together to set a unified response and uniform international standards for regulation dealing with misinformation specifically.
Current National and Regional Efforts
Many countries have taken action to deal with misinformation within their borders. Some examples include:
- The EU’s Digital Services Act has been instrumental in regulating online intermediaries and platforms including marketplaces, social networks, content-sharing platforms, app stores, etc. The legislation aims to prevent illegal and harmful activities online and the spread of disinformation.
- The primary legislation that governs cyberspace in India is the IT Act of 2000 and its corresponding rules (IT Rules, 2023), which impose strict requirements on social media platforms to counter misinformation content and enable the traceability of the creator responsible for the origin of misinformation. Platforms have to conduct due diligence, failing which they risk losing their safe harbour protection. The recently-enacted DPDP Act of 2023 indirectly addresses personal data misuse that can be used to contribute to the creation and spread of misinformation. Also, the proposed Digital India Act is expected to focus on “user harms” specific to the online world.
- In the U.S., the Right to Editorial Discretion and Section 230 of the Communications Decency Act place the responsibility for regulating misinformation on private actors like social media platforms and social media regulations. The US government has not created a specific framework addressing misinformation and has rather encouraged voluntary measures by SMPs to have independent policies to regulate misinformation on their platforms.
The common gap area across these policies is the absence of a standardised, global framework for addressing cross-border misinformation which results in uneven enforcement and dependence on national regulations.
Key Challenges in Achieving International Cooperation
Some of the key challenges identified in achieving international cooperation to address cross-border misinformation are as follows:
- Geopolitical tensions can emerge due to the differences in political systems, priorities, and trust issues between countries that hinder attempts to cooperate and create a universal regulation.
- The diversity in approaches to internet governance and freedom of speech across countries complicates the matters further.
- Further complications arise due to technical and legal obstacles around the issues of sovereignty, jurisdiction and enforcement, further complicating matters relating to the monitoring and removal of cross-border misinformation.
CyberPeace Recommendations
- The UN Global Principles For Information Integrity Recommendations for Multi-stakeholder Action, unveiled on 24 June 2024, are a welcome step for addressing cross-border misinformation. This can act as the stepping stone for developing a framework for international cooperation on misinformation, drawing inspiration from other successful models like climate change agreements, international criminal law framework etc.
- Collaborations like public-private partnerships between government, tech companies and civil societies can help enhance transparency, data sharing and accountability in tackling cross-border misinformation.
- Engaging in capacity building and technology transfers in less developed countries would help to create a global front against misinformation.
Conclusion
We are in an era where misinformation knows no borders and the need for international cooperation has never been more urgent. Global democracies are exploring solutions, both regulatory and legislative, to limit the spread of misinformation, however, these fragmented efforts fall short of addressing the global scale of the problem. Establishing a standardised, international framework, backed by multilateral bodies like the UN and regional alliances, can foster accountability and facilitate shared resources in this fight. Through collaborative action, transparent regulations, and support for developing nations, the world can create a united front to curb misinformation and protect democratic values, ensuring information integrity across borders.
References
- https://economics.mit.edu/sites/default/files/2023-10/A%20Model%20of%20Online%20Misinformation.pdf
- https://www.indiatoday.in/global/story/in-the-crosshairs-manufacturing-consent-and-the-erosion-of-public-trust-2620734-2024-10-21
- https://laweconcenter.org/resources/knowledge-and-decisions-in-the-information-age-the-law-economics-of-regulating-misinformation-on-social-media-platforms/
- https://www.article19.org/resources/un-article-19-global-principles-for-information-integrity/
2025 is knocking firmly at our door and we have promises to make and resolutions to keep. Time you make your list for the New Year and check it twice.
- Lifestyle targets 🡪 Check
- Family targets 🡪 Check
- Social targets 🡪 Check
Umm, so far so good, but what about your cybersecurity targets for the year? Hey, you look confused and concerned. Wait a minute, you do not have one, do you?
I get it. Though the digital world still puzzles, and sometimes outright scares us, we still are not in the ‘Take-Charge-Of-Your-Digital-Safety Mode. We prefer to depend on whatever software security we are using and keep our fingers crossed that the bad guys (read threat actors) do not find us.
Let me illustrate why cybersecurity should be one of your top priorities. You know that stress is a major threat to our continued good health, right? However, if your devices, social media accounts, office e-mail or network, or God forbid, bank accounts become compromised, would that not cause stress? Think about it and the probable repercussions and you will comprehend why I am harping on prioritising security.
Fret not. We will keep it brief as we well know you have 101 things to do in the next few days leading up to 01/01/2025. Just add cyber health to the list and put in motion the following:
- Install and activate comprehensive security software on ALL internet-enabled devices you have at home. Yes, including your smartphones.
- Set yourself a date to change and create separate unique passwords for all accounts. Or use the password manager that comes with all reputed security software to make life simpler.
- Keep home Wi-Fi turned off at night
- Do not set social media accounts to auto-download photos/documents
- Activate parental controls on all the devices used by your children to monitor and mentor them. But keep them apprised.
- Do not blindly trust anyone or anything online – this includes videos, speeches, emails, voice calls, and video calls. Be aware of fakes.
- Be aware of the latest threats and talk about unsafe cyber practices and behaviour often at home.
Short and sweet, as promised.
We will be back, with more tips, and answers to your queries. Drop us a line anytime, and we will be happy to resolve your doubts.
Ciao!
.webp)
The Digital Covenant: Aligning Communication with SDG Goals
“Rethinking Communication, Cyber Responsibility, and Sustainability in a Connected World”
Introduction
It is rightly said by Antonio Guterres, United Nations Secretary General, “Everyone should be able to express themselves freely without fear of attack. Everyone should be able to access a range of views and information sources.” In 2024, when the Global Alliance for PR and Communication Management asserted that it aligns with the era of digital transformation, where technology is moving at terminal velocity and bringing various risks and threats, it called on the global leaders and stakeholders to proclaim ‘Responsible Communication’ as the 18th Sustainable Development Goal (SDG). On May 17th, as we celebrate World Telecommunication and Information Society Day (WTISD) 2025, we must align our personal, professional, and virtual spaces with a safe and sustainable information age.
In terms of digital growth, it is indubitable that India is growing at a brisk pace consistently in alignment with its South Asian and Western counterparts and has incorporated international covenants on digital personal data and cyber crimes within its domestic regime.
UN Global Principles for Information Integrity
The United Nations has displayed its constant commitment to the achievement of the seventeen SDGs that were adopted at the United Nations Conference in 2012 in Rio de Janeiro. It recognises that you cannot isolate the digital transformation, technology, and digitisation from other areas that are included within the SDGs, such as health, education, and poverty. The UN released Policy Brief 8 in June 2023 by the UN Secretary-General that seeks to empirically derive data on the threats posed to information integrity and then come up with norms that help guide the member states, the digital platforms, and other stakeholders. The norms must be in conformity with the right to freedom of opinion and expression and the right to information access.
In line with its agenda, it has formulated Global Principles of Information Integrity, which include “Societal Trust and Resilience”, “Healthy Incentives”, “Public Empowerment”, “Independent, Free and Pluralistic Media” and “Transparency and Research”. The principles recognise the harm caused by hatred, misinformation, and disinformation propagated by the misuse of advances in Artificial Intelligence Technology (AI).
Breaking the Binary: Bridging the Gender Digital Divide
The reflection of how far we have come and how far we have to go can be deciphered with a single sentence, i.e., using digital technologies to promote gender equality. This can be seen both as a paradox and a pressing call to action. As we celebrate WTISD 2025, the day highlights the fundamental role of Information and Communication Technologies (ICTs) in accelerating progress and bringing those not included in this digital transformation to become a part of this change, especially the female population that remains isolated from mainstream growth. As per the data given by ITU, “Out of the world population, 70 per cent of men are using the internet, compared with 65 per cent of women.”
This exclusion is not merely a technical gap but a societal and economic chasm, reinforcing existing inequalities. By including such an important goal in the theme of this day, it marks a critical moment towards the formation of gender-sensitive digital policies, promoting digital literacy among women and girls, and ensuring safe, affordable, and meaningful connectivity. We can explore the future potential where technology is the true instrument for gender parity, not a mirror of old hierarchies.
India and its courts have time and again proven their commitment to cultivating digital transformation as an inherent strength to bridge this digital divide, and the recent judgement where the court declared the right to digital access an intrinsic part of the right to life and liberty is a single instance among many.
CyberPeace Resolution on World Telecommunication and Information Society Day
CyberPeace is actively bridging the gap between digital safety and sustainable development through its initiatives, aligning with the principles of the Sustainable Development Goals (SDGs). The ‘CyberPeace Corps’ empowers communities by fostering cyber hygiene awareness and building digital resilience. The ‘CyberPeace Initiative’, a project with Google.org, tackles digital misinformation, promoting informed online engagement. Additionally, Digital Shakti, now in its fifth phase, empowers women by enhancing their digital literacy and safety. These are just a few of the many impactful initiatives by CyberPeace, aimed at creating a safer and more inclusive digital future. Together, we are spreading awareness and strengthening the foundation for a safer and more inclusive digital future and promoting responsible tech use. Let us be resolute on this World Telecommunication and Information Society Day for “Clean Data. Safe Clicks. Stronger Future. Pledge to Cyber Hygiene Today!”
References
