The Bartz v. Anthropic case will not go quietly into the night.
Now we have Dundurn Press Limited, an independent trade publisher in Canada, sending a cease-and-demand letter through its counsel Kerry S. Culpepper to Anthropic.
In the letter, Dundurn says it won’t be a part of the class settlement, which it argues is “wholly inadequate.” One of the reasons: Dundurn asserts that the settlement doesn’t cover non-US works: “Nonetheless, the Bartz class action settlement completely fails to provide any relief to foreign copyright holders whose Works were pirated by Anthropic.”
But this assertion is inaccurate. The settlement does not exclude foreign works. Instead, it requires, among several requirements, ownership of a U.S. copyright and a U.S. copyright registration of a work created in any country. The U.S. copyright registration requirement applies equally to works created in the United States and works created in foreign countries. Anthropic says at least 21 books published by Dundurn are in the Works List of the class settlement (although it’s not clear Dundurn owns the copyright or the authors do), through the Works List Lookup.
In the letter, Dundurn’s counsel seeks a separate settlement or “amicable resolution” from Anthropic:
However, Anthropic, in its just filed letter to Judge Alsup, quotes Judge Alsup from the evidentiary hearing with ClaimsHero as warning against this very type of demand by third parties who opt out of the class to pursue “a sweeter deal” from Anthropic:
“And I’m going to order the existing lawyers of record — look at me now — if there is any attempt to get a sweeter deal, a premium of any type by any opt-out, even one person, whether they’re associated with ClaimsHero or not, you must immediately tell the district judge.”
JUDGE ALSUP, Dkt. 484 (Hr’g Tr.) at 53:9–16.
From Anthropic’s letter to Judge Alsup:
What Happens Next?
This may not end well for Dundurn Press. Expect another hearing before Judge Alsup in Bartz. It’s wild this occurred after the whole controversy involving ClaimsHero!
DOWNLOAD ANTHROPIC’S LETTER WITH ATTACHMENT
Exhibit A to Anthropic’s letter
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