“If OpenAI torrented but configured its clients to suppress uploading, then the redistribution Meta calls an ‘inherent characteristic’ of the protocol was a setting Meta declined to change.”
Meta’s defense is that seeding pirated books just happens when you torrent. It doesn’t. Upload is a setting, and anyone who has used a torrent client knows it. Magistrate Judge Hixson says the proof has to come from Meta’s own command histories. Meta controls those.