INSUBCONTINENT EXCLUSIVE:
An interesting wrinkle that may have stopped authors from invoking market dilution as a threat in the Meta case is that Chhabria noted that
substitution is still substitution," Chhabria wrote
"If someone bought a romance novel written by [a large language model (LLM)] instead of a romance novel written by a human author, the
LLM-generated novel is substituting for the human-written one." Seemingly, the same would go for AI-generated non-fiction books, he
important," AI cases may change the copyright landscape because it "involves a technology that can generate literally millions of secondary
works, with a miniscule [sic] fraction of the time and creativity used to create the original works it was trained on," Chhabria wrote.This
is unprecedented, Chhabria suggested, as no other use "has anything near the potential to flood the market with competing works the way that
And so the concept of market dilution becomes highly relevant..
the issue has not come up before."In a way, Chhabria's ruling provides a roadmap for rights holders looking to advance lawsuits against AI
cases based on what they think will or should happen in other cases."If their allegations were just a little stronger, Chhabria suggested
they could have even won on summary judgment, instead of Meta."Indeed, it seems likely that market dilution will often cause plaintiffs to
