Chat GPT Is Eating the World

Here’s the latest on all 32 copyright lawsuits against AI companies. Lots going on. Here are the highlights:

• In Doe 1 v. Github, Judge Tigar granted the plaintiffs’ request for leave to file an interlocutory appeal to the Ninth Circuit on the issue of the meaning of Section 1202 under the DMCA. In his order, Judge Tigar noted a “split in authority” among district courts on this issue, but no circuit court of appeals’ decision.
  • Judge Tigar ruled that 1202(b)(1) and 1202(b)(3) claims are limited to identical copies of the copyrighted work for which CMI has been removed or altered. Judges Chhabria, Orrick, and Martinez-Olguin agreed with that interpretation, but other district court judges have not.
  • This legal issue potentially has huge significance, given the lack of any copyright registration requirement along with statutory damages for DMCA CMI claims–$2,500 to $25,000 per violation.
• In Kadrey v. Meta Platforms, Judge Vince Chhabria “reluctantly” extended the schedule allowing until Dec. 13, 2024,” at the request of the plaintiffs due to the recent enlistment of new counsel David Boies and an experienced team of lawyers from his firm to assist representing the plaintiffs. Boies immediately took the lead for the plaintiffs at the Zoom hearing on Friday, with the Joseph Saveri Law Firm deferring.
  • Judge Chhabria’s reluctance to extend the schedule was due to the failure of the plaintiffs’ lawyers to litigate their case during discovery, plus perhaps the Judge’s own stated desire to decide summary judgment on the all-important issue of fair use. The motion had been scheduled for a hearing on March 6, 2025, but now is delayed until May 1, 2025.
  • The Boies firm has the pole position to serve as class counsel. But plaintiff’s attorneys from Lieff Cabraser in the just filed related case of Farnsworth v. Meta are angling to serve as co-class counsel with the Boies firm. At the Zoom hearing, Rachel Geman, a lawyer who is also on the legal team representing the Authors Guild v. OpenAI in New York, told Judge Chhabria that Farnsworth’s attorneys are there to see that the interests of book authors are protected.
  • Judge Chhabria ordered: “The plaintiffs in the Kadrey case are ordered to confer with the plaintiffs in the Farnsworth case to discuss whether: (1) the case should be consolidated, with the Boies firm and the Cabraser firm serving as co-lead counsel; or (2) the Farnsworth case should be stayed pending adjudication of the Kadrey case.”
• In Thomson Reuters v. ROSS Intelligence, Judge Bibas agreed to hold the hearing on renewed motions for summary judgment on infringement and fair use on December 5 and 6, 2024. But he also asked the parties to submit trial dates for early next year, should there remain a need for trial. Hard to imagine but the case could end up in the nearly the same posture as it was on August 23, 2024, a day before the trial was set to begin. That’s when Judge Bibas wanted to revisit summary judgment.
• The plaintiff in Basbanes v. Microsoft, which had been consolidated for discovery purposes with the Authors Guild v. OpenAI lawsuit in New York has voluntarily dropped out of the consolidated case. Judge Stein stayed the Basbanes lawsuit pending a submission within 2 weeks of the court’s ruling on class certification.
• In New York Times v. Microsoft, the book authors represented by the Joseph Saveri Law Firm voluntarily dismissed their appeal of the denial of motion to intervene in the case. Meanwhile, OpenAI and Microsoft filed a joint motion to consolidate the actions in New York Times, Daily News, and The Center for Investigative Reporting, all of which are before Judge Stein.
• In Lehrman v. Lovo, the voice actor plaintiffs filed a first amended complaint adding copyright claims.

New developments since last week’s report are indicated with an asterisk*. Visit our Master List of all 32 copyright cases with attorneys and claims listed.

You can download a PDF of this report below: