, The New York Times; I Sued Anthropic, and the Unthinkable Happened
"In August 2024, I became one of three named plaintiffs leading a class-action lawsuit against the A.I. company Anthropic for pirating my books and hundreds of thousands of other books to train its A.I. The fight felt daunting, almost preposterous: me — a queer, female thriller writer — versus a company now worth $183 billion?
Thanks to the relentless work of everyone on my legal team, the unthinkable happened: Anthropic agreed to pay authors and publishers $1.5 billion in the largest copyright settlement in history. A federal judge preliminarily approved the agreement last week.
This settlement sends a clear message to the Big Tech companies splashing generative A.I. over every app and page and program: You are not above the law. And it should signal to consumers everywhere that A.I. isn’t an unstoppable tsunami about to overwhelm us. Now is the time for ordinary Americans to recognize our agency and act to put in place the guardrails we want.
The settlement isn’t perfect. It’s absurd that it took an army of lawyers to demonstrate what any 10-year-old knows is true: Thou shalt not steal. At around $3,000 per work, shared by the author and publisher, the damages are far from life-changing (and, some argue, a slap on the wrist for a company flush with cash). I also disagree with the judge’s ruling that, had Anthropic acquired the books legally, training its chatbot on them would have been “fair use.” I write my novels to engage human minds — not to empower an algorithm to mimic my voice and spit out commodity knockoffs to compete directly against my originals in the marketplace, nor to make that algorithm’s creators unfathomably wealthy and powerful.
But as my fellow plaintiff Kirk Wallace Johnson put it, this is “the beginning of a fight on behalf of humans that don’t believe we have to sacrifice everything on the altar of A.I.” Anthropic will destroy its trove of illegally downloaded books; its competitors should take heed to get out of the business of piracy as well. Dozens of A.I. copyright lawsuits have been filed against OpenAI, Microsoft and other companies, led in part by Sylvia Day, Jonathan Franzen, David Baldacci, John Grisham, Stacy Schiff and George R. R. Martin. (The New York Times has also brought a suit against OpenAI and Microsoft.)
Though a settlement isn’t legal precedent, Bartz v. Anthropic may serve as a test case for other A.I. lawsuits, the first domino to fall in an industry whose “move fast, break things” modus operandi led to large-scale theft. Among the plaintiffs of other cases are voice actors, visual artists, record labels, YouTubers, media companies and stock-photo libraries, diverse stakeholders who’ve watched Big Tech encroach on their territory with little regard for copyright law...
Now the book publishing industry has sent a message to all A.I. companies: Our intellectual property isn’t yours for the taking, and you cannot act with impunity. This settlement is an opening gambit in a critical battle that will be waged for years to come."
