# Anthropic adds First Amendment defense in Gilbert suit

Published: 2026-08-20T17:21:53.329Z · Source: Chat GPT Is Eating the World (https://chatgptiseatingtheworld.com/2026/08/20/anthropic-files-amended-answer-to-gilberts-copyright-complaint-anthropic-adds-first-amendment-defense-additional-allegations-for-counterclaim-of-non-infringement-based-on-fair-use/)
Source date: 2026-08-20
Entities: anthropic, ai-litigation

Anthropic has filed an amended Answer to the copyright complaint from Daniel Gilbert, author of "Hacking World of Warcraft," who opted out of the Bartz class settlement to sue separately, per Chat GPT Is Eating the World. Beyond the fair-use defense standard in its other author suits, the amended filing adds a First Amendment defense and new allegations supporting Anthropic's counterclaim of non-infringement.

Why it matters: A First Amendment defense on top of the usual fair-use argument is a broader legal posture than Anthropic has taken in its other author suits, worth watching if it recurs.

## What this answers

**Has Anthropic raised a First Amendment defense in a copyright lawsuit?**

Yes — in its amended Answer to Daniel Gilbert's copyright complaint, Anthropic added a First Amendment defense along with new allegations backing its fair-use counterclaim, per Chat GPT Is Eating the World.


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