Upon further reflection, and upon careful consideration of the submissions, the court
agrees with Microsoft’s contention that “Plaintiffs’ allegation that Microsoft’s internal documents
could somehow be relevant to a willfulness claim against OpenAI also rings hollow.” Id. at 5. The
court also agrees with Microsoft’s assertion that Plaintiffs’ belief that Microsoft is in possession of
documents beyond those which Plaintiffs should seek from OpenAI appears too speculative. Id. Given that Microsoft has already agreed to produce data access agreements dated on or after
January 1, 2019, that provide for Microsoft’s and/or OpenAI’s right to receive, access, and/or use
text data in training Large Language Models, as well as its agreements with OpenAI – the court
does not believe that Plaintiffs’ showing justifies any broader production from Microsoft at this
juncture. Thus, to the extent stated at the hearing of February 11, 2025, and as set forth herein,
Plaintiffs’ request is granted in part, denied in part.