On November 23, Magistrate Judge Ona Wang denied OpenAI’s motion to compel discovery of information relevant to New York Times’s own use of AI.
Today, Judge Wang did the same in the lawsuits brought by book authors (including Authors Guild) against OpenAI and Microsoft.
ORDER denying 232 Letter Motion for Local Rule 37.2 Conference. The discovery dispute relates to Defendants’ fair use defense and is denied for the reasons identified in ECF 344 in the related Newspaper Cases (23-cv-11195). Additionally, the request is denied as premature: this dispute relates to interrogatories requesting that Plaintiffs identify certain documents that may relate to Defendants’ fair use defense. The parties should be guided by the scope of agreed-upon document production that the Plaintiffs in these cases and the Newspaper Cases have been and will be producing. If Defendants still seek identification of documents produced, they may renew this motion after reviewing the produced documents and meeting and conferring with their adversaries, but would need to explain why and how they still need identification of documents after they have reviewed the documents themselves.