The Authors Guild and Alter plaintiffs are seeking leave to amend their complaint against OpenAI and Microsoft to make these additions:
- add the “loan out” companies (typically used as tax shelters) of some of the plaintiffs;
- add vicarious infringement claim against Microsoft (direct and contributory claims already alleged);
- add allegations “Microsoft’s copying of hundreds of thousands of copyrighted works—including those contained in [REDACTED] and the notorious pirated dataset ‘Books3’—for use as LLM training data;
- specify “(1) that Plaintiffs’ books are contained in OpenAI’s and Microsoft’s LLMs’ training datasets; and (2) the precise OpenAI models which the Court already ruled are within the scope of the current complaint.”
OpenAI and Microsoft oppose the motion. I expect this motion to be granted.
EXCERPTS FROM MOTION OF AUTHORS GUILD


