- Buoyed by class certification of potentially more than a million works, the Bartz book authors filed a motion to compel Anthropic to produce various financial related documents.
- These include: “All minutes of meetings of Your board of directors, and Documents provided to Your board of directors, that Concern or Relate to Your training data; Your intention to commercialize, monetize, or productize Your LLMs; or projections regarding revenues or profits for particular products or for You as a whole.”
- Also: “Your balance sheet, income statement, and cash flow statement, on a monthly basis.”
- Bartz asserts such financial information will be “highly relevant” to the trial on statutory damages.
- Bartz cites: “See, e.g., Apple Inc. v. Psystar Corp., 673 F. Supp. 2d 926, 928 (N.D. Cal. 2009) (“[t]o determine the amount of statutory damages, courts consider such factors as … the expenses saved and the profits reaped”); Warm v. Innermost Ltd., 2024 WL 3467803, at *4 (C.D. Cal. June 25, 2024) (ordering produced the “total global sales, revenue, and profits of the products at issue” and finding such material “relevant for discovery purposes,” in particular as to defendant’s “potential willfulness or knowledge of any infringing activities”); ….”
The Bartz book authors, buoyed by Judge Alsup’s certification of a class action, are now asking the Judge to compel Anthropic to produce Board of Directors’ minutes related to “Concern or Relate to Your training data; Your intention to commercialize, monetize, or productize Your LLMs; or projections regarding revenues or profits for particular products or for You as a whole.”
They are also seeking Anthropic’s cash flow statements, balance sheets, and income statements.
All of this financial information is relevant, Bartz argues, to the calculation of statutory damages.
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