February 2025 – Chat GPT Is Eating the World

Eleven Labs reply brief in support of motion to transfer case to SDNY

Eleven Labs filed its reply in support of its motion to transfer the case to the Southern District of New York.
Read more: Eleven Labs reply brief in support of motion to transfer case to SDNY
Judge Rakoff sets schedule for The Intercept v. OpenAI

The case is to be tried to a jury. Joinder of additional parties must be accomplished by April 18, 2025. Amended Pleadings due by 4/18/2025. Joinder of Parties due by 4/18/2025. Every party-proponent of a claim (including any counterclaim, cross-claim, orthird-party claim) that intends to offer expert testimony in respect of such claim must make…
Read more: Judge Rakoff sets schedule for The Intercept v. OpenAI
Meta win: Judge Chhabria rejects Kadrey book authors’ assertion that Meta attorneys engaged in crime to justify loss of privilege. Judge rebukes Plaintiffs’ attorney for over-the-top rhetoric.

The Kadrey v. Meta AI copyright lawsuit has more twists and turns than Odysseus faced in Homer’s epic. Act 1 Plaintiffs botch discovery In the first part of the litigation, the plaintiffs were thrown on the defensive (no oxymoron intended). Judge Chhabria chastised Joseph Saveri, the lawyer who filed the lawsuit, for failing to prosecute…
Read more: Meta win: Judge Chhabria rejects Kadrey book authors’ assertion that Meta attorneys engaged in crime to justify loss of privilege. Judge rebukes Plaintiffs’ attorney for over-the-top rhetoric.
Meta submits 15 more documents to Judge Chhabria for in-camera review for crime-fraud exception

As Judge Chhabria ordered, Meta turned over 15 additional documents for in-camera review by Judge Chhabria to determine if the crime-fraud exception to attorney-client privilege applies. Stay tuned. Expect a decision soon.
Read more: Meta submits 15 more documents to Judge Chhabria for in-camera review for crime-fraud exception
Ominous signs for Meta: Judge Chhabria orders 15 more documents for in camera review to determine if within crime-fraud exception to attorney-client privilege

In Kadrey v. Meta, Judge Chhabria just ordered Meta to turn over 15 more documents with attorney-client privileged communications for his in-camera review to see if they fall within the crime-fraud exception. Ominous. ORDER. Meta is ordered to submit for in camera review the seven documents identified in the appendix to the plaintiffs’ 418 first…
Read more: Ominous signs for Meta: Judge Chhabria orders 15 more documents for in camera review to determine if within crime-fraud exception to attorney-client privilege
Judge Alsup changes scheduling order, but makes fair use summary judgment motion simultaneous with motion for class certification.

Judge Alsup granted in part the defendant Anthropic’s request to alter the scheduling order, but rejected its request to make the summary judgment motion on fair use defense come before the potential class certification. Instead, Judge Alsup made them simultaneous: “Court ordered the following deadlines, modifying 49 Case Management Scheduling Order:Motion for Class Certification, opening…
Read more: Judge Alsup changes scheduling order, but makes fair use summary judgment motion simultaneous with motion for class certification.
Bartz v. Anthropic battle over change to scheduling order, whether fair use should be decided before class certification

Judge Alsup is holding a hearing today to consider Anthropic’s motion to change the scheduling order to consider fair use before any certification of a class. That sounds like a logical sequence, but we will have to wait and see how Judge Alsup rules because he apparently was originally against it.
Read more: Bartz v. Anthropic battle over change to scheduling order, whether fair use should be decided before class certification
Tremblay book authors reply to Dario Amodei’s motion to stop deposition as nonparty

Plaintiffs in the Tremblay book authors litigation against OpenAI, as well as the Authors Guild litigation against OpenAI and Microsoft, are seeking to compel the deposition of Dario Amodei, former director of research at OpenAI when it developed GPT-2 and GPT-3. Amodei is now the co-founder and CEO of rival Anthropic.
Read more: Tremblay book authors reply to Dario Amodei’s motion to stop deposition as nonparty
Vacker cites Judge Rakoff decision on CMI claim

Plaintiffs in the AI copyright litigation continue to cite Judge Rakoff’s recent opinion allowing the DMCA CMI 1202(b)(1) claim for intentional removal of copyright management information in the Intercept v. OpenAI case. Related Stories
Read more: Vacker cites Judge Rakoff decision on CMI claim
Claude 3.7 Sonnet released

Anthropic announced the release of its Claude 3.7 Sonnet, “our most intelligent model to date and the first hybrid reasoning model on the market.” “Claude 3.7 Sonnet can produce near-instant responses or extended, step-by-step thinking that is made visible to the user. API users also have fine-grained control over how long the model can think for. “Claude 3.7…
Read more: Claude 3.7 Sonnet released

Month: February 2025