In its quest to develop the Llama 3 AI model, Meta faced significant ethical and legal hurdles regarding sourcing a large volume of high-quality text required for AI training. The company evaluated legal licensing for acquiring books and research papers but dismissed these options due to high costs and delays.

Internal discussions indicated a preference for maintaining legal flexibility by avoiding licensing constraints and pursuing a 'fair use' strategy. Consequently, Meta turned to Library Genesis (LibGen), a vast database of pirated books and papers, a move reportedly sanctioned by CEO Mark Zuckerberg.

That decision led to copyright-infringement lawsuits from authors, including Sarah Silverman and Junot Diaz, underlining the complexities of pirated content in AI development. Meta and OpenAI have defended their use of copyrighted materials by invoking 'fair use', arguing that their AI systems transform original works into new creations.

Despite this defence, the legality remains contentious, especially as Meta's internal communications acknowledged the legal risks and outlined measures to reduce exposure, such as removing data marked as pirated.

The situation draws attention to broader issues in the publishing world, where expensive and restricted access to literature and research has fuelled the rise of piracy sites like LibGen and Sci-Hub. While providing wider access, these platforms threaten intellectual creation's sustainability by bypassing compensation for authors and researchers.

The challenges facing Meta and other AI companies raise important questions about managing the flow of knowledge in the digital era. While LibGen and similar repositories democratise access, they undermine intellectual property rights, disrupting the balance between accessibility and the protection of creators' contributions.