在多位作者和集体诉讼成员对Anthropic因大规模盗版书籍用于训练AI而达成的15亿美元和解协议提出异议后,一名联邦法官推迟了对该和解协议的最终批准。
周四,美国地区法官Araceli Martinez-Olguin拒绝草率批准这项被视为美国历史上最大规模的版权和解协议。相反,她希望更好地理解为何部分集体诉讼成员反对该协议并选择退出。因此,她要求作者们回应反对者的主要关切,后者认为律师的报酬过高,而向集体诉讼成员支付的赔偿金则少得可怜。
Ars审阅了多份针对该和解协议的反对意见,以及反对者发出的信函,他们声称作者的法律团队试图不公平地将他们排除在表达关切之外。
一些反对者指责律师要求超过3.2亿美元的法律费用,而每位作者预计仅能获得3000美元的赔偿,他们请求法院推迟批准和解协议,直到制定出更合理的原告赔偿方案。
“律师从和解基金中拿走的每一美元,都是本应给予实际受害者的钱,”反对者、该和解协议涵盖的两部作品的作者Pierce Story写道。
为支持其反对惊人律师费的论点,Story估算,这笔巨额赔偿可能意味着律师每小时获得约1万至1.2万美元的报酬,他表示这已经是对未来任何工作工时的慷慨估算。Story认为这过高了,并援引T-Mobile案为例,在该案中,第八巡回上诉法院指出,“没有理性的集体诉讼成员会愿意支付”远低于此的、请求的7000至9500美元费用裁决。
Story指责律师违背了将其报酬与成员赔偿金挂钩的承诺。更令他沮丧的是,他们寻求的报酬与整个和解基金挂钩,而许多有权获得赔偿的作者尚未登记注册,并且“不太可能获得赔偿”。
一位代表作者方的律师周四证实,“作者及其他版权持有人提交的索赔申请覆盖了和解协议中超过48万部作品的92%以上”。但反对者坚持认为,律师的报酬应反映索赔人总数,而非和解基金总额。
斯托里敦促法院对律师费进行“合理且公平的调整”,以期提高作者获得的赔偿。他举例指出,“即使律师获得仍算丰厚的7000万美元报酬,也能使个体原告的赔偿金额增加近25%,而律师按其工作时长计算,仍可获得相当于其当前最高费率的报酬”。
在斯托里看来,律师本可以为作者争取更多赔偿,但他们没有探索“创造性方案”,而是“为了最大化自身报酬,过快达成了和解”。
“如果律师们真如他们自称的那样技艺精湛、坚韧不拔、才华横溢,如果这份和解协议真如他们声称的那样是‘本垒打’,那么原告获得的赔偿就不会如此微不足道,”斯托里说。
另一位提出反对的集体成员鲁本·李表示赞同:“我认为所提供的金额少得可怜,完全无法反映我的作品被未经授权使用的全部价值。”
反对者未必能赢得每一场斗争,但他们似乎已说服法院至少认真考虑其措辞强烈的诉求,包括警告称,如果条款不重新审查,和解协议可能无法经受上诉。值得注意的是,他们的反对意见提出后不久,25名选择退出和解协议的集体成员提起了新的诉讼,这表明Anthropic尚未结束对这些索赔的抗争。
“如果法院同意律师们近3亿美元的请求,而个体原告却只能以微薄的赔偿和解,且未来侵权毫无保障,那将是对民事正义的背离,也是对每一位辛勤出版作品的作者的侮辱,”斯托里说。“这样的判决还将进一步印证一个屡见不鲜的刻板印象……即集体诉讼原告不过是律师们获取‘强力球’级别巨额报酬的工具。”
最初批准了和解协议但现已退休的法官威廉·阿尔苏普,也对律师费是否过高提出了质疑。他担心和解协议被“强行塞给作者”,因此建议进行独立调查,以确保不会批准不当的律师费。但据非集体成员异议者、版权法教授莉亚·毕肖普称,在作者律师提交的一份状态报告中,该建议“并未直接告知新任法官马丁内斯-奥尔金”。此外,集体成员也未被告知这项调查。
法官命令,作者必须在5月21日前对异议作出回应,届时Anthropic也必须提交一份法律意见书,解释“为何不应批准逾期退出申请”。
试图排除部分异议者
异议者也强烈认为,除非Anthropic同意限制未来对盗版作品的使用,否则不应批准该和解协议。
有两部作品被纳入和解协议的詹姆斯·R·西尔斯坚持认为,由于每部作品的具体获取方式存在模糊之处,Anthropic必须同意销毁所有作品副本(包括数字版和实体版),和解协议才能继续进行。
“目前,Anthropic不会删除任何扫描的实体作品/书籍副本,”西尔斯写道。“因此,他们目前可以使用这些作品。关键问题在于:我不知道Anthropic是如何获取/盗版我的两部作品的。没有作者会知道他们的作品是如何被Anthropic拿走的。因此,没有作者会知道他们的作品是否会被销毁。所以,所有形式的所有作品副本都必须销毁,Anthropic不得使用。”
对部分异议者来说,提交关切事项的过程显然是个挑战。鲁本指出,他“试图通过法院的ECF和PACER系统提交这份异议,但发现根本无法操作。”
根据提交给法院、敦促其承认异议者已在截止日期前提交文件的信函,作者的法律团队试图将部分异议从记录中排除。
在一封信中,一位作品被纳入和解协议的作者罗伯特·C·雅各布森告诉法官,尽管法院承认“今年早些时候收到的某些反对意见在立案登记上存在延迟”,但律师仍将其反对意见定性为提交不当。
与西尔斯一样,约翰逊也提出了投诉,涉及“缺乏任何针对基于集体作品训练的模型持续商业使用的预期救济措施或框架”,以及“关于集体成员的具体作品如何被处理和使用的透明度不足”。
另一位集体成员维多利亚·平德投诉称,律师试图通过错误地声称她的反对意见“并未提交给法院”,来将其标记为“无效”。
平德指出,一些集体成员与其律师之间的沟通已经变得多么混乱。她提到,律师此前已将她的诉求登记在案,随后却又试图声称这些诉求从未被提交过。
她的提交材料中写道:“没有理由单独针对平德女士。”
在平德看来,律师们在听取集体成员的关切时似乎并不用心。她在信中请求法院纠正律师试图使其反对意见无效的提交文件中对她名字的拼写错误。律师似乎将两位女性反对者的名字混在了一起,称她为“莉亚·维多利亚·平德”,并称毕晓普为“莉亚·维多利亚·毕晓普”。
After several authors and class members raised objections to Anthropic’s $1.5 billion settlement over its widespread book piracy to train AI, a federal judge has delayed final approvals of the settlement.
On Thursday, US District Judge Araceli Martinez-Olguin declined to rubber-stamp what’s regarded as the largest copyright settlement in US history. Instead, she wanted to better understand why some class members were objecting and opting out of the settlement. So, she asked authors to address key concerns of objectors, who argued that lawyers’ compensation was way too high and payments to class members were a “pittance.”
Ars reviewed several objections to the settlement, as well as letters from objectors who claimed that the authors’ legal team was trying to unfairly shut them out from voicing concerns.
Calling out lawyers for requesting more than $320 million in legal fees when each author only expects a $3,000 payout, some objectors asked the court to delay approving the settlement until a more reasonable plaintiff compensation plan is constructed.
“Every dollar that Counsel takes from the Settlement fund is one that is not given to those actually harmed,” wrote Pierce Story, an objector and author of two works covered by the settlement.
To support his arguments against the eye-popping lawyer fees, Story estimated that the large payout could break down to lawyers receiving between roughly $10,000–$12,000 per hour, which he said included a generous estimate of hours for any future work. That’s excessive, Story suggested, citing a T-Mobile case where the 8th Circuit court observed that “no reasonable class member would willingly pay” a much lower requested fee award between $7,000–$9,500.
Story accused lawyers of breaking a promise to tie their compensation to member payouts. And he’s further frustrated that the compensation they’re seeking is tied to the full settlement fund, when many authors entitled to compensation have yet to register and “are unlikely to be compensated.”
An attorney for authors confirmed on Thursday that “authors and other copyright holders filed claims covering over 92% of the more than 480,000 works included in the settlement.” But objectors maintain that lawyers’ pay should reflect the total number of claimants, not the total amount in the settlement fund.
By urging the court to make “reasonable and fair adjustments” to lower attorney fees, Story is hoping to increase compensation to authors. Offering an example, he noted that “a still-generous Counsel payout of $70 million would yield a nearly 25 percent increase in individual Plaintiff awards, while Counsel would still receive the equivalent of their current top rates” for hours worked.
To Story, it also seemed like the attorneys could’ve gotten more compensation for authors, but instead of pursuing “creative options,” they “settled far too quickly to maximize” their own compensation.
“Were the attorneys as skilled, gritty, and brilliant as they profess, and were the Settlement the ‘home run’ Counsel claims it to be, Plaintiffs would receive more than this pittance,” Story said.
Ruben Lee, another class member objecting, agreed: “I believe the amount offered is paltry, and does not in any way reflect the full value of the unauthorized use of my work.”
Objectors may not win every fight, but they have seemingly persuaded the court to at least entertain their strongly worded pleas, including warnings that the settlement may not survive an appeal if the terms aren’t re-examined. Notably, their objections came shortly before a group of 25 class members opting out of the settlement filed a new lawsuit, showing that Anthropic is not done fighting these claims.
“For the Court to agree that counsel’s request of nearly a third of a billion dollars, while individual plaintiffs settle for a pittance of available compensation and no protections against future abuse is an aberration of civil justice and a slap in the face to all those who labored to publish their works,” Story said. “Such a decision would also further the too-often-observed stereotype that … class-action Plaintiffs are merely tools used to obtain Powerball-size payouts to attorneys.”
Judge William Alsup, who initially approved the settlement but has since retired, also questioned whether the lawyers’ fees were too high. Worried that the settlement was being “shoved down the throat of authors,” he recommended an independent investigation to ensure no improper attorneys’ fees would be granted, but according to Lea Bishop, a non-class member objector and professor of copyright law, the recommendation “was not squarely disclosed to incoming Judge Martinez-Olguin” in a status report submitted by authors’ lawyers. Additionally, class members weren’t notified of the investigation.
Authors must respond to objections raised by May 21, when Anthropic will also have to file a brief explaining “why late opt outs should not be honored,” the judge ordered.
Attempts to shut out some objectors
Objectors also feel strongly that the settlement should not be approved unless Anthropic agrees to restrict future uses of pirated works.
James R. Sills, who has two works included in the settlement, insisted that due to ambiguity over how each individual work was acquired, Anthropic must agree to destroy all copies of works, both digital and physical, before the settlement can proceed.
“Currently, Anthropic will not delete any scanned physical copies of works/books,” Sills wrote. “So, they currently can use these works. The key problem: I don’t know how Anthropic acquired/pirated my two works. No authors will know how their works were taken by Anthropic. So, no authors will know if their works will be destroyed or not. Therefore, all forms of all of the works must be destroyed and not utilized by Anthropic.”
For some objectors, the process of submitting concerns was apparently a challenge. Ruben noted that he “tried to file this objection via the Court’s ECF and PACER systems, but have found it impossible to do so.”
The authors’ legal team has attempted to exclude some objections from the record, according to letters submitted urging the court to recognize that they met the deadline to submit their filings.
In one letter, an author with one work included in the settlement, Robert C. Jacobson, told the judge that counsel had characterized his objection as improperly filed despite the court acknowledging “a delay in docketing certain objections received earlier this year.”
Like Sills, Johnson raised complaints about “the absence of any prospective relief or framework addressing ongoing commercial use of models trained on the class works,” as well as “the lack of transparency regarding how class members’ specific works were processed and used.”
Another class member, Victoria Pinder, complained that counsel tried to mark her objections as “invalid” by incorrectly claiming her objection “was not sent to the court.”
Pinder pointed out how messy communication between some class members and their lawyers has gotten. She noted that the lawyers had docketed her claims previously before attempting to claim they’d never been submitted.
“There is no basis to single Ms. Pinder out,” her submission said.
To Pinder, it seems like attorneys are taking little care when hearing concerns from class members. In her letter, she requested the court to correct a misspelling of her name in counsel’s filing attempting to invalidate her objection. It seems that the lawyers mashed together the two female objectors’ names, referring to her as “Lea Victoria Pinder” and referring to Bishop as “Lea Victoria Bishop.”