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Status of all 24 copyright lawsuits v. AI companies (May 23, 2024)

This week was quieter on the litigation front. Most of the attention this week was over Scarlett Johanssen’s pointed objection to OpenAI’s use of an AI voice for GPT-4o that sounded like her, after she twice declined Sam Altman’s request to do voice work for ChatGPT. The Wall St. Journal even has a front page story on the controversy today.

The new developments from last week’s report are indicated with an asterisk (*).

Case nameJurisdictionJudgeLatest status
Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc.D. Del.BibasTrial on the copyright issues will begin on August 26, 2024, at 9:00 a.m. in Wilmington, Delaware and will last five days.
Jury selection on August 23, 2024, at 10:00 a.m.
Pending motions for SJ on defendant’s antitrust claims
Getty Images (US), Inc. v. Stability AI LtdD. Del.HallNOTICE to Take Deposition of Peter O’Donoghue on February 22, 2024 filed by Getty Images.
Defendants’ Motion to Dismiss or Transfer (D.I. 16 ) is DISMISSED without prejudice to re-file after the conclusion of jurisdictional discovery (Jan. 26, 2024).
Doe 1 v. Github, Inc.ND Cal.TigarCLERKS NOTICE SETTING ZOOM HEARING. Notice is hereby given to all parties that a motion hearing on 248 Joint Discovery Letter Brief is set for 7/11/2024 01:00 PM in Oakland, – Videoconference Only before Chief Magistrate Judge Donna M. Ryu. Parties can find the Zoom link to Judge Ryu’s virtual Zoom courtroom at: https://cand.uscourts.gov/judges/ryu-donna-m-dmr/. 

Joint Discovery Letter (April 18, 2024)

Judge Tigar order denying Plaintiffs’ motion for reconsideration of dismissal of CMI claims (filed Apr. 15, 2024)

Doe 1 Opp. to Microsoft’s MTD (Mar. 27, 2024)
Doe 1 Opp. to OpenAI MTD (Mar. 27, 2024)
hearing on May 16, 2024, 2 PM

Defendants moved to dismiss 2d amended complaint claims under 1202 of DMCA and breach of contract.

Judge Tigar granted in part Github, Microsoft’s motion to dismiss, leaving only 3 claims for breach of contract and unfair competition. [Summary]
Sarah Andersen v. Stability AI LtdND Cal.OrrickPlaintiffs’ ADR Certifications (May 9, 2024)

Judge Orrick’s Tentative Rulings re MTD (May 7, 2024)

Runway Reply in supp. MTD (Apr. 18, 2024)
Runway Reply re Judicial Notice exhibits + webpages (Apr. 18, 2024)
DeviantArt Reply in supp. MTD (Apr. 18, 2024)
Stability AI Reply in supp. MTD (Apr 18, 2024)
Midjourney Reply in supp. MTD (Apr. 18, 2024)
Midjourney Reply re Judicial Notice exhibits + webpages (Apr. 18, 2024)*
Hearing: May 8, 2024, 2 PM PDT

Plaintiffs’ Opp. to Runway AI’s MTD (Mar. 21,2024)
Plaintiffs’ Opp. to DeviantArt’s MTD (Mar. 21, 2024)
Plaintiffs’ Opp. to Stability AI’s MTD (Mar. 21, 2024)
Plaintiffs’ Opp. to Midjourney’s MTD (Mar. 21, 2024)

Runway AI filed MTD (Feb. 8, 2024).
DeviantArt filed MTD (Feb. 8, 2024).
Stability AI filed MTD (Feb. 8, 2024).
Midjourney filed MTD (Feb. 8, 2024).

Hearing on any Motion to Dsimiss set for 5/8/2024 02:00 PM via Videoconference before Judge William H. Orrick, regarding First Amended Complaint.
Zhang v. GoogleN.D. Cal. Davila Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 8/15/2024.

Initial Case Management Conference set for 8/22/2024 10:00 AM in San Jose, Courtroom 4, 5th Floor.

Complaint filed on Apr. 26, 2024*
Richard Kadrey v. Meta Platforms, Inc.


Chabon v. Meta Platforms consolidated with Kadrey v. Meta Platforms above
ND Cal.ChhabriaORDER by Magistrate Judge Thomas S. Hixson granting Stipulation re: electronic discovery

For the reasons discussed at the 1/25/2024 hearing, the 65 Motion to Appoint Lead Plaintiff and Lead Counsel is denied without prejudice.
Meta Answer (filed Jan. 10, 2024)
First Amended Complaint filed Dec. 11, 2023.
In re OpenAI ChatGPT Litigation,
Case No. 23-cv-03223.

Three cases consolidated and recaptioned above:
Paul Tremblay v. OpenAI, Inc.

Sarah Silverman v. OpenAI, Inc.
consolidated

Chabon v. OpenAI
consolidated

ND Cal.Araceli Martinez-Olguin*Order by Magistrate Judge Robert M. Illman granting 141 Request to Attach Exhibits. (May 22, 2024)*

Order by Magistrate Judge Robert M. Illman denying 139 Discovery Letter Brief. (Filed on 5/14/2024)

Order re Discovery Dispute (May 7, 2024)

ORDER OF REFERENCE TO MAGISTRATE JUDGE FOR DISCOVERY re 136 Joint Discovery Letter Brief. ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. 

Appearances by OpenAI’s Attorneys from Keker, Van Nest & Peters:
Robert Van Nest 
Paven Malhotra 
R. James Slaughter
Michelle Sabrina Ybarra 
Nicholas Samuel Goldberg
Katie Lynn Joyce
Thomas Edward Gorman 

Defendants’ Reply in supp. MTD (Apr. 19, 2024)
-Hearing Aug. 1, 2024, 2 PM PDT

Plaintiffs’ Opposition to MTD (filed April 10, 2024)

OpenAI’s motion to dismiss 1st amended consolidated complaint (Mar. 27, 2024)

Motion to Appoint Lead Plaintiff and Lead Counsel Hearing set for 5/2/2024 at 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. 

Plaintiffs’ First Consolidated Amended Complaint filed (Mar. 13, 2024)

Order Denying Motion by Tremblay to Enjoin Defendants from Litigating in SDNY

Order Granting in Part OpenAI’s motion to dismiss vicarious infringement claim, Section 1202 CMI claims, negligence, and unjust enrichment.

Pretrial Order No. 1 with stipulation and Order to consolidate cases
J.L. v. Alphabet IncND Cal.Araceli Martinez-OlguinOrder by Judge Araceli Martinez-Olguin granting 39 Stipulation to Continue Case Management Conference and Motion Hearing. Motion Hearing set for 9/5/2024 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. Case Management Statement due by noon on 11/27/2024. Initial Case Management Conference set for 10/3/2024 at 10:00 AM in San Francisco, Courtroom 10, 19th Floor.

CLERK’S NOTICE CONTINUING MOTION HEARING re [33] Motion to Dismiss. Motion Hearing set for 5/16/2024 IS CONTINUED TO 8/22/2024 at 2:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin.

Google reply (filed April 5, 2024), hearing for May 16, 2024, 2 PM

Plaintiffs’ Opp. to Google MTD (filed Mar. 15, 2024, hearing set for May 16, 2024, 2 PM PDT, Courtroom 10)
Google filed motion to dismiss some claims (Feb. 9, 2024)

ORDER GRANTING AS MODIFIED 31 STIPULATION to Continue Case Management Conference and Authorize Briefs in Excess of Default Page Limits. Case Management Statement due by noon on 5/30/2024.
Initial Case Management Conference set for 6/6/2024 at 10:00 AM in San Francisco, Courtroom 10, 19th Floor.

First Amended Complaint filed on January 5, 2024.
Abdi Nazemian v. NVIDIA Corp.N.D. Cal. TigarORDER GRANTING JOINT STIPULATION RE: BRIEFING SCHEDULE by Judge Jon S. Tigar granting 31 Stipulation. Response to complaint due by 5/24/2024. Opposition to motion responsive to complaint due by 6/21/2024. Reply in support of responsive motion due by 7/5/2024.

ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT by Judge Jon S. Tigar granting 25 Stipulation. Responses due by 5/17/2024

CLERKS NOTICE SETTING ZOOM HEARING. Case Management Statement due by 6/11/2024. Initial Case Management Conference set for 6/18/2024 02:00 PM in Oakland, – Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing.

Complaint filed (Mar. 8, 2024)
Dubus v. NVIDIA Corp.N.D. Cal. ChhabriaInitial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/9/2024. Initial Case Management Conference set for 8/16/2024 10:00 AM in San Francisco, – Videoconference Only.

Complaint filed May 2, 2024
O’Nan v. Databricks, Mosaic MLN.D. Cal. BreyerA Joint Case Management Statement due by 6/14/2024. Initial Case Management Conference set for 6/21/2024 at 8:30 AM in San Francisco – To be determined.

*Order finding Makkai v. Databricks is related case (May 13, 2024)*

*Defendants’ Answer (May 2, 2024)*

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/30/2024. Initial Case Management Conference set for 6/6/2024 10:30 AM in San Francisco, Courtroom F, 15th Floor. (cjl, COURT STAFF) (Filed on 3/11/2024) (Entered: 03/11/2024)

Complaint filed (Mar. 8, 2024)
Makkai v. Databricks, Inc., Mosaic ML N.D. Cal. WhiteORDER REASSIGNING CASE. Case reassigned to Judge Charles R. Breyer for all further proceedings. Judge Jeffrey S. White no longer assigned to case,

Complaint filed May 2, 2024
Huckabee v. Meta Platforms Inc
(dismissed without prejudice and tolling). *SDNY case v. Bloomberg oingoing
ND Cal. (transferred from SDNY) TseOrder by Judge Vince Chhabria granting #105 Stipulation of Dismissal without Prejudice and Tolling Agreement
Concord Music Group, Inc. et al v. Anthropic PBCM.D. Tenn.Crenshaw Jr.Chief Judge Crenshaw Order on Status of Case: motion for prel. injunction will be decided in due course (Apr. 19, 2024) no oral argument

Plaintiffs’ Motion to Ascertain Status (filed April 12, 2024)

ORDER SETTING CASE FOR TRIAL: Jury Trial is set for 11/18/2025 at 09:00 AM in Courtroom 6B before Chief Judge Waverly D. Crenshaw Jr.
Exhibit List due by 11/3/2025.
Witness List due by 11/3/2025.
Pretrial Conference is set for 11/10/2025 at 10:00 AM in Courtroom 6B before Chief Judge Waverly D. Crenshaw Jr. Proposed Pretrial Order due by 11/3/2025.

Anthropic’s Motion to Dismiss (Nov. 22, 2023)
Plaintiffs’ Response (Jan. 22, 2024)
Anthropic’s Reply (Feb. 14, 2024)

Plaintiffs’ Motion for Preliminary Injunction (Nov. 16, 2023)
Anthropic’s opposition (Jan. 15, 2024)
Plaintiffs’ Reply (Feb. 14, 2024)
Authors Guild v. Open AI

Alter v. OpenAI, Microsoft, formerly Julian Sancton v. OpenAI, Microsoft
consolidated with Authors Guild v. OpenAI

plus Basbanes v. Microsoft below
SNDYSteinOpenAI Opp. to motion for biweekly status reports (May 17, 2024)

Microsoft Opp. to Motion for biweekly status reports (May 17, 2024)

STIPULATED PROTECTIVE ORDER…regarding procedures to be followed that shall govern the handling of confidential material…SO STIPULATED AND AGREED. The protective order may be amended for good cause. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/15/2024) Filed In Associated Cases: 1:23-cv-08292-SHS, 1:23-cv-10211-SHS, 1:24-cv-00084-SHS (jca) (Entered: 05/16/2024)

LETTER MOTION for Conference Concerning Plaintiffs’ Request for Biweekly Status Conferences addressed to Judge Sidney H. Stein from Rohit Nath, Rachel Geman, and Scott Sholder dated May 15, 2024. Document filed by Authors Guild, et al.

Defendants’ Opposition to Motion to Compel (May 7, 2024)

Plaintiffs’ Motion to Compel Defendants to produce its FTC responses and documents to show identities of 2 former employees who created datasets of books in OpenAI’s training data (May 6, 2024)

Appearances by OpenAI’s Attorneys from Keker, Van Nest & Peters
Robert Van Nest 
Paven Malhotra 
R. James Slaughter
Michelle Sabrina Ybarra 
Nicholas Samuel Goldberg
Katie Lynn Joyce
Thomas Edward Gorman 

OpenAI opp. to motion to compel documents (Apr. 16, 2024)
OpenAI motion to file under seal +response to Plaintiffs’ motion to file under seal (Apr. 16, 2024)

California Plaintiffs’ Notice of Appeal to Second Circuit re: denial of motion to intervene in SDNY lawsuit (filed April 13, 2024)

Judge Stein order denying California plaintiffs’ motion to intervene (filed April 1, 2024)

Answer filed by OpenAI (Feb. 16, 2024)
Answer filed by Microsoft (Feb. 16, 2024)

CONSOLIDATED COMPLAINT filed (Feb. 2, 2024).
Basbanes v. Microsoft
consolidated for pretrial purposes pursuant to Fed. R. Civ. P. 42. with Authors Guild v. OpenAI above
SDNY SteinAppearances by OpenAI’s Attorneys from Keker, Van Nest & Peters:
Robert Van Nest 
Paven Malhotra 
R. James Slaughter
Michelle Sabrina Ybarra 
Nicholas Samuel Goldberg
Katie Lynn Joyce
Thomas Edward Gorman 

California Plaintiffs’ Notice of Interlocutory Appeal to Second Circuit re: denial of motion to intervene in SDNY lawsuit (filed April 13, 2024)

Judge Stein order denying California plaintiffs’ motion to intervene (filed April 1, 2024)

Complaint filed (Jan. 5, 2024)
New York Times v. MicrosoftSDNYStein*LETTER RESPONSE to Motion addressed to Judge Sidney H. Stein from Michelle Ybarra and Joseph R. Wetzel and Allyson R. Bennett dated May 22, 2024 re: 117 LETTER MOTION for Conference Concerning Plaintiff’s Request for Bi-monthly Status Conferences addressed to Judge Sidney H. Stein from Ian B. Crosby dated May 20, 2024. . Document filed by OAI Corporation, LLC, OpenAI GP, LLC, OpenAI Global LLC, OpenAI Holdings, LLC, OpenAI LLC, OpenAI LP, OpenAI OpCo LLC, OpenAI, Inc…(Ybarra, Michelle) (Entered: 05/22/2024)*

*LETTER RESPONSE to Motion addressed to Judge Sidney H. Stein from Jared B. Briant dated 05/22/2024 re: 117 LETTER MOTION for Conference Concerning Plaintiff’s Request for Bi-monthly Status Conferences addressed to Judge Sidney H. Stein from Ian B. Crosby dated May 20, 2024. . Document filed by Microsoft Corporation..(Briant, Jared) (Entered: 05/22/2024)*


*LETTER addressed to Judge Sidney H. Stein from Ian B. Crosby dated May 22, 2024 re: the parties disputes regarding the proposed Protective Order and Electronically Stored Information Order. Document filed by The New York Times Company..(Crosby, Ian) (Entered: 05/22/2024)*


New York Times Letter re; Warner Chappell v. Nealy decision (May 9, 2024)

Microsoft reply to Opp. to MTD (May 3, 2024)

ORDER Having received the parties’Rule 26(f) Report and Proposed Case Management Plan (ECF No. 72), the Court HEREBY ORDERS the following deadlines:
a. The last day to amend pleadings and join other parties is May 20, 2024.
b. Substantial production of documents for all RFPs served by February 28, 2024 shall be completed by June 14, 2024.
c. Fact discovery shall be completed by September 17, 2024.
d. Opening expert reports shall be served by October 18, 2024.
e. Responsive expert report s shall be served by November 18, 2024.
f. Expert discovery shall be completed by December 9, 2024.
g. Motions for summary judgment shall be filed on or before January 7, 2025. h. Oppositions to motions for summary judgment shall be filed on or befor e February 7, 2025.
i. Replies in support of motions for summary judgment shall be filed on or before February 28, 2025.

(Amended Pleadings due by 5/20/2024., Expert Discovery due by 12/9/2024., Fact Discovery due by 9/17/2024., Joinder of Parties due by 5/20/2024., Motions due by 1/7/2025., Replies due by 2/28/2025., Responses due by 2/7/2025) 

California Plaintiffs’ Notice of Interlocutory Appeal to Second Circuit re: denial of motion to intervene in SDNY lawsuit (filed April 13, 2024)

Judge Stein order denying California plaintiffs’ motion to intervene (filed April 1, 2024)

Microsoft reply to New York Times Opp. (Mar. 25, 2024)
OpenAI reply to New York Times Opp. (Mar. 18, 2024)

New York Times opposition to OpenAI’s motion to dismiss (Mar. 18, 2024)

Defendant filed motion to dismiss (Feb. 26, 2024).
Complaint filed (Dec. 28, 2023)
Daily News v. MicrosoftSDNYStain*ORDER granting 40 Letter Motion for Extension of Time to Answer re 40 LETTER MOTION for Extension of Time to File Answer or Move to Dismiss addressed to Judge Sidney H. Stein from Christopher J. Cariello and Joseph R. Wetzel dated May 15, 2024. Request granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/20/2024) (jca) (Entered: 05/20/2024)*

Complaint filed April 30, 2024
Huckabee v. BloombergSDNYGarnett*Huckabee response that oral argument is not necessary (May 14, 2024)*

Bloomberg letter requesting oral argument (May 7, 2024)

Bloomberg Reply (May 3, 2024)

Defendants’ Opp. to motion to dismiss (Apr. 19, 2024)

Bloomberg motion to dismiss (Mar. 22, 2024)

Plaintiffs’ opposition to the motion to dismiss shall be due April 19, 2024; Defendants’ reply in support of their motion to dismiss shall be due May 3, 2024.

It is further ORDERED that discovery shall be stayed during the pendency of briefing on the motion to dismiss. Any party seeking to lift the stay on discovery may seek such relief by letter to the Court filed on ECF after Defendants’ reply is submitted.
Raw Story Media, Inc. v. OpenAISDNYMcMahon*MOTION for Leave to File Sur-Reply . Document filed by AlterNet Media, Inc., Raw Story Media, Inc…(Topic, Matthew) (Entered: 05/23/2024)*

*REPLY MEMORANDUM OF LAW in Support re: 68 MOTION to Dismiss . . Document filed by OAI Corporation, LLC, OpenAI GP LLC, OpenAI Global LLC, OpenAI Holdings, LLC, OpenAI Inc., OpenAI LLC, OpenAI OpCo LLC..(Gratz, Joseph) (Entered: 05/20/2024)*

Plaintiffs’ Opposition to MTD (May 13, 2024)

Appearances by OpenAI’s Attorneys from Keker, Van Nest & Peters:
Robert Van Nest 
Paven Malhotra 
R. James Slaughter
Michelle Sabrina Ybarra
Katie Lynn Joyce
Thomas Edward Gorman 

Defendants’ Motion to Dismiss (April 29, 2024)

ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/18/2024 at 10:45 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/6/2024)

Complaint filed (Feb. 28, 2024)
Intercept Media Inc. v. OpenAISDNYRakoff*Miicrrosoft Reply in support of MTD (May 16, 2024)*

*OpenAI Reply in support of MTD (May 16, 2024)*

Plaintiff’s Opposition to MTD (May 6, 2024)

The oral argument on the motion to dismiss will now be held on Monday, June 3, 2024 at 10 AM (Oral Argument set for 6/3/2024 at 10:00 AM before Judge Jed S. Rakoff.).

Appearances by OpenAI’s Attorneys from Keker, Van Nest & Peters:
Robert Van Nest 
Paven Malhotra 
R. James Slaughter
Michelle Sabrina Ybarra 
Nicholas Samuel Goldberg
Katie Lynn Joyce
Thomas Edward Gorman 

OpenAI motion to dismiss (Apr. 15, 2024)
Microsoft motion to dismiss (Apr. 15, 2024)

Minute Entry for proceedings held before Judge Jed S. Rakoff:. Oral Argument set for 5/24/2024 at 10:00 AM before Judge Jed S. Rakoff

Supplemental Rule 26(f) report and Proposed Case Management Plan (filed April 2, 2024)

Complaint filed (Feb. 28, 2024)
Compiled by ChatGPTiseatingtheworld.com

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