An attorney for authors confirmed on Thursday that “authors and other copyright holders filed claims covering over 92% of the more than 480,000 works included in the settlement.” But objectors maintain that lawyers’ pay should reflect the total number of claimants, not the total amount in the settlement fund.
By urging the court to make “reasonable and fair adjustments” to lower attorney fees, Story is hoping to increase compensation to authors. Offering an example, he noted that “a still-generous Counsel payout of $70 million would yield a nearly 25 percent increase in individual Plaintiff awards, while Counsel would still receive the equivalent of their current top rates” for hours worked.
To Story, it also seemed like the attorneys could’ve gotten more compensation for authors, but instead of pursuing “creative options,” they “settled far too quickly to maximize” their own compensation.
“Were the attorneys as skilled, gritty, and brilliant as they profess, and were the Settlement the ‘home run’ Counsel claims it to be, Plaintiffs would receive more than this pittance,” Story said.
Ruben Lee, another class member objecting, agreed: “I believe the amount offered is paltry, and does not in any way reflect the full value of the unauthorized use of my work.”
Objectors may not win every fight, but they have seemingly persuaded the court to at least entertain their strongly worded pleas, including warnings that the settlement may not survive an appeal if the terms aren’t re-examined. Notably, their objections came shortly before a group of 25 class members opting out of the settlement filed a new lawsuit, showing that Anthropic is not done fighting these claims.
“For the Court to agree that counsel’s request of nearly a third of a billion dollars, while individual plaintiffs settle for a pittance of available compensation and no protections against future abuse is an aberration of civil justice and a slap in the face to all those who labored to publish their works,” Story said. “Such a decision would also further the too-often-observed stereotype that … class-action Plaintiffs are merely tools used to obtain Powerball-size payouts to attorneys.”