Things may go from bad to worse from OpenAI in the MDL Litigation. Magistrate Judge Wang just ordered supplemental briefing on whether OpenAI waived its attorney-client privilege related to its destructions of Books1 and Books2 datasets used to train its earlier models.
The parties are directed to file supplemental briefs not to exceed 1,500 words by October 1, 2025, on the issue of whether OpenAI has waived privilege as to the reasons for the
Magistrate judge wang
deletion of the Books1 and Books2 datasets. The parties’ briefing shall explain, with reference to applicable case law, how/if OpenAI’s position on the fate of Books1 and Book2 changed (or did not change, notwithstanding “retractions” of prior statements), and whether those decisions were legal or business decisions.
No replies are necessary unless so directed by the Court.
AUTHORS GUILD LETTER
OPENAI LETTER
