Chat GPT Is Eating the World

Month: December 2024

Defendants file Answers in Sarah Andersen v. Stability AI

All four defendants filed their respective answers to Sarah Andersen plaintiffs’ Second Amended Complaint in Andersen v. Stability AI. Stability AI Runway Midjourney Deviant Art
Read more: Defendants file Answers in Sarah Andersen v. Stability AI
Eleven Labs seeks dismissal of DMCA & state claims for lack of standing; no ID of specific works by Plaintiffs.

Article III standing has become a major issue in the DMCA-based lawsuits (for alleged removal of CMI) since Judge McMahon’s dismissal of Raw Story Media’s complaint against OpenAI. NVIDIA has also asserted the lack of standing in the YouTube video scraping case brought by Millette. And now Eleven Labs has asserted it against the voice-actor…
Read more: Eleven Labs seeks dismissal of DMCA & state claims for lack of standing; no ID of specific works by Plaintiffs.
Parties in Nazemian, Dubus v. NVIDIA file joint case management statement

The parties in the consolidated cases of Nazemian and Dubus v. NVIDIA filed their joint case management statement. It provides a preview of their arguments on fair use. Take a look below:
Read more: Parties in Nazemian, Dubus v. NVIDIA file joint case management statement
Bartz files First Amended Complaint v. Anthropic

The Bartz plaintiffs filed a First Amended Complaint yesterday. Apparently, the (only) change is the addition of the loan out companies for each author, Andrea Bartz, Inc., and MJ + KJ, Inc. as parties. Loan out companies are often used for beneficial tax reasons.
Read more: Bartz files First Amended Complaint v. Anthropic
Judge Bibas holds hearing on summary judgment, but expects a trial on some issues unless ROSS can prevail on fair use. Trial would be in May 2025.

Aruni Soni of Bloomberg Law has an excellent account (sorry if paywalled) of the summary judgment hearing before Judge Stephanos Bibas yesterday in Philadelphia. The two sides offered their arguments on infringement of Westlaw’s headnotes and on fair use in the training of ROSS Intelligence’s AI model. According to Soni, “Unless I grant summary judgment…
Read more: Judge Bibas holds hearing on summary judgment, but expects a trial on some issues unless ROSS can prevail on fair use. Trial would be in May 2025.
OpenAI to seek transfer of AI copyright cases to Multidistrict Litigation (MDL). MDL would oversee discovery and all pretrial proceedings, including summary judgment.

Robert Van Nest sent a letter to Judge Araceli Martínez-Olguín in the In re OpenAI ChatGPT Litigation indicating OpenAI’s intent to seek a transfer to the Multidistrict Litigation (MDL), which, if OpenAI’s petition is granted, would then oversee all 8 copyright-related lawsuits against OpenAI from the Northern District of California and the Southern District of…
Read more: OpenAI to seek transfer of AI copyright cases to Multidistrict Litigation (MDL). MDL would oversee discovery and all pretrial proceedings, including summary judgment.
Judge Bibas holds crucial hearing on SJ motions re: infringement, fair use in Thomson Reuters v. ROSS Intelligence

Judge Bibas is currently holding the hearing on the cross-motions for summary judgment in Thomson Reuters v. ROSS Intelligence in Philadelphia. (Unfortunately I’m not at the hearing.) ORAL ORDER: The summary judgment hearing will be held beginning at 10 a.m. EST on December 5, 2024, in the James A. Byrne U.S. Courthouse, Courtroom 10-B, in Philadelphia, PA.…
Read more: Judge Bibas holds crucial hearing on SJ motions re: infringement, fair use in Thomson Reuters v. ROSS Intelligence
Magistrate Judge Wang gives Book Authors, Newspapers discovery victory. California Labor Code § 980 does not bar discovery of social media messages on X.com

In a discovery victory for the Book Authors and the Newspapers that seek discovery of d OpenAI employees “direct messages sent on X.com belonging to certain employees who used their personal phones and X.com accounts for work purposes,” Magistrate Judge Ona Wang rejected one of the grounds asserted by OpenAI, that such social media messages…
Read more: Magistrate Judge Wang gives Book Authors, Newspapers discovery victory. California Labor Code § 980 does not bar discovery of social media messages on X.com
Magistrate Judge Wang denies OpenAI’s discovery motion in book authors cases re: fair use on same grounds as denial in New York Times lawsuit

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…
Read more: Magistrate Judge Wang denies OpenAI’s discovery motion in book authors cases re: fair use on same grounds as denial in New York Times lawsuit
Judge Breyer grants stipulated order to consolidate O’Nan, Makkai lawsuits v. Databricks

Judge Breyer granted a stipulated order sought by the parties to consolidate the O’Nan, Makkai lawsuits against Databricks. It’s consolidated for all purposes. Order is below:
Read more: Judge Breyer grants stipulated order to consolidate O’Nan, Makkai lawsuits v. Databricks