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Gemini
Exit|3 of 4 in Meta × LibGen
testimony-gapai·2023 / unsealed 2024

Escalating copyright risk directly to Mark

The Public RegisterSeptember 2023
Mark ZuckerbergCEO, Meta Platforms, The Verge Interview / Congressional AI Forum
We're very thoughtful about how we approach data and respect creators. We think our work falls squarely within fair use and responsible open source innovation.
The Private ArtifactFebruary 2023
Meta GenAI Leadershipexecutive briefing, Internal Executive Memo to Mark Zuckerberg
Legal flagged serious copyright exposure regarding Books3/LibGen datasets. However, without this data, model benchmark performance drops 15-20% against OpenAI. Escalating to Mark for sign-off on accepting the legal downside.
Exhibit: Meta_Kadrey_00212005

The Split:Zuckerberg portrayed the model as thoughtfully compliant with copyright norms, whereas internal memos explicitly presented a trade-off between benchmark performance and copyright infringement, requiring his personal sign-off on the legal breach.

The Tell (How to spot this next time):

When an executive says they 'respect creators' while racing against a competitor, check whether performance metrics overruled legal counsel.

court pipeUnsealed through plaintiffs' motion to compel in N.D. Cal.