# Anthropic defends its fair-use counterclaim in Gilbert copyright fight

Published: 2026-09-11T16:20:21.335Z · Source: Chat GPT Is Eating the World (https://chatgptiseatingtheworld.com/2026/09/11/anthropic-opposes-gilberts-motion-to-dismiss-counterclaim-of-fair-use/)
Source date: 2026-09-11
Entities: anthropic, ai-litigation

Anthropic filed its opposition to Daniel Benjamin Gilbert's motion to dismiss the company's fair-use counterclaim in his pro se copyright suit over his book Hacking World of Warcraft, according to the filing. Anthropic argues Gilbert's covenant not to sue over "training copies" does not moot the counterclaim, because it rests on his pending infringement claim and his position that the court cannot consider Anthropic's purpose for making the copies — not on fear of a second lawsuit. Gilbert's amended complaint states his claim excludes Anthropic's "model training" use of the book, targeting only its retention as a "general-purpose resource."

Why it matters: The dispute tests whether a plaintiff can use a narrow covenant not to sue to keep a court from ever weighing an AI company's fair-use defense, a maneuver other pro se and opt-out plaintiffs in AI training suits are watching.

## What this answers

**Does Daniel Gilbert's covenant not to sue moot Anthropic's fair-use counterclaim against him?**

No — Anthropic's opposition brief argues the counterclaim rests on Gilbert's pending infringement claim and his position that the court can't consider Anthropic's purpose for making the copies, not on fear of a second lawsuit.


Canonical: https://anythingengineoptimization.com/item/2026-09-11-anthropic-defends-its-fair-use-counterclaim-in-gilbert-copyright-fight/
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