原告訴狀寫道，被告從侵害著作權之源頭下載原告等之著作目的是為了獲取內容以訓練其Meta電影大型語言生成模型，及Meta的其他倚靠視訊訓練內容之模型。像原告等的成人片商憂心忡忡，這種訓練最終將導致人工智能以低成本製作出類似好萊塢等級的電影。
以原告等著作為如此特別之訓練後，Meta人工智能很就會製作出如原告等相似風格與品質之完整片長的成人片，同時其他成人片商義無法復刻。
Meta allegedly downloaded the copyrighted works without permission and also stands accused of uploading them to third parties, who participated in the same BitTorrent swarms. Plaintiffs allege this is backed up by data from their proprietary in-house tracking software VXN Scan.
BitTorrent transfers rely on a “tit for tat” algorithm where participants are rewarded for sharing content with others, as that significantly increases their download speeds. According to the complaint, Meta allegedly continued sharing pirated files for this purpose.
“Defendant was specifically aware of this issue and, discovery will likely show, is the reason why Defendant elected to continuously distribute Plaintiffs’ content as opposed to just purchasing a subscription or modifying its BitTorrent clients to download only,” the complaint notes.
“Meta made the deliberate choice to seed Plaintiffs’ motion pictures in order to capitalize on faster download speeds so it could infringe other content faster.”
The adult producers discovered the alleged infringements after Meta’s BitTorrent activity was revealed in a lawsuit filed by several book authors. In that case, Meta admitted that it obtained content from pirate sources.
This prompted Strike 3 and Counterlife Media to search for Meta-linked IP addresses in their archive of collected BitTorrent data. This scan revealed that forty-seven IP addresses, identified as owned by Facebook, allegedly infringed their copyrighted works.
IP address ownership is linked through MaxMind’s database, and a list of thousands of alleged infringements from these addresses is provided as evidence.
The book authors lawsuit also revealed that Meta allegedly used “off-infra” IP addresses to conceal its BitTorrent activities. The adult producers argue that these stealth IPs were also used to pirate their works, identifying several they believe are linked to the activity.
Correlations between Meta IPs and third-party servers identify seven IP address ranges that show correlational activity. This includes similar download patterns as well as large-scale copyright infringement.
“These correlations also quantify that both the ‘off-infra’ as well as the Meta Corporate IP addresses act consistently in non-human patterns and that the acquisition of this content is for AI training data and not for personal use.”
Adding to these allegations, the complaint also identifies a Facebook employee who used a Comcast IP address to download content. This person, whose name is redacted, allegedly shared content via Meta corporate IPs and the stealth IP addresses.
Based on these allegations, Strike 3 Holdings and Counterlife Media accuse Meta of both direct and secondary copyright infringement, requesting a trial by jury.
The rightsholders seek statutory damages, which, for willful copyright infringement, could mean $150,000 per work. With 2,396 movies at stake, potential damages could reach $359 million.
Meta has yet to respond to the lawsuit, and all allegations have yet to be proven. This could potentially include a technical inspection of the VXN Scan tracking software, which is also used in many lawsuits against individual BitTorrent users.
Strikes 3公司過去曾在庭外和解，所以本件亦不無可能有此結果。
