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Anthropic Appeals Class Certification as Publishers Line Up for December Trial

Anthropic warns that the order could saddle it with hundreds of billions in damages, threatening its viability

Overview

  • Anthropic has asked the Ninth Circuit to overturn Judge Alsup’s July 17 certification order, arguing that exposing it to massive statutory damages could bankrupt the company.
  • Judge Alsup certified a nationwide class of authors whose works were allegedly used without permission, appointed three lead plaintiffs and scheduled a December 1 trial with a September 1 deadline to submit the list of works at issue.
  • Publishers’ coordination counsel—including Edelson PC and Oppenheim & Zebrak—have joined the original plaintiffs’ firms under Association of American Publishers oversight to prepare class filings.
  • Plaintiffs allege that Anthropic copied roughly seven million books from shadow libraries such as Library Genesis and Pirate Library Mirror to train its AI models.
  • Legal observers say the Ninth Circuit’s upcoming decision and the December trial will shape future AI data-sourcing practices and clarify the limits of fair-use protections for generative models.