AI Copyright Wars – Page 67 – Chat GPT Is Eating the World

Judge Hellerstein orders record labels to produce deposit copies of registered works and artist-label agreements. The latter relevant to ownership. Udio scores major discovery win.

A major discovery victory for Udio, the AI music generator. Judge Hellerstein judge granted Udio’s motion to compel the Plaintiff recording labels to produce not only (1) deposit copies of their sound recordings relevant to their claims, but also (2) all artist-label agreements regarding ownership and work-made-for-hire for the works at issue in the case.
Read more: Judge Hellerstein orders record labels to produce deposit copies of registered works and artist-label agreements. The latter relevant to ownership. Udio scores major discovery win.
Kadrey book authors to Meta: Illegal file sharing of pirated book datasets is not fair use. File sharing is separate use from AI training.

The Kadrey Plaintiffs, represented by David Boies’ law firm, filed its reply in support of their own motion for partial summary judgment on the issue of Meta’s alleged infringement in engaging in putatively illegal file sharing (via torrenting) of “shadow libraries” consisting of millions of copies of “pirated books.” The Kadrey brief is well-written and…
Read more: Kadrey book authors to Meta: Illegal file sharing of pirated book datasets is not fair use. File sharing is separate use from AI training.
Judge Wu tentative ruling: Sufficient allegations Elon Musk committed copyright infringement in alleged use of Blade Runner 2049 image for Tesla promotion

Today, Judge Wu heard oral argument on Elon Musk’s, Tesla’s, and Warner Brother Discovery’s motions to dismiss the lawsuit filed by Alcon Entertainment. I haven’t heard what happened at the hearing today, but Judge Wu did issue a thorough 36-page opinion discussing his tentative rulings. For a summary of this fascinating dispute over an AI-generated…
Read more: Judge Wu tentative ruling: Sufficient allegations Elon Musk committed copyright infringement in alleged use of Blade Runner 2049 image for Tesla promotion
Judge Alsup ask parties to address 5 hypothetical cases probing whether fair use analysis is affected by pirated book

Judge Alsup has asked the parties in Bartz v. Anthropic to address 5 hypothetical cases. These questions appear to be testing whether the fair use analysis is affected if the source of the work used by the defendant is a pirated source, in Judge Alsup’s Case 2, the “notorious counterfeiter knowns as Books ‘R” Cheap.…
Read more: Judge Alsup ask parties to address 5 hypothetical cases probing whether fair use analysis is affected by pirated book
Sparing no expense, ROSS Intelligence hires even more lawyers for its interlocutory appeal of Judge Bibas’s fair use denial to Third Circuit

Fresh off its successful motion for leave to seek interlocutory appeal of Judge Bibas’s denial of fair use, ROSS Intelligence hired even more lawyers to prepare the potential appeal. The lawyers are from Pillsbury: “Kayvan Ghaffari in San Francisco, who represented ROSS as lead counsel in the case at a prior firm, Silicon Valley partner…
Read more: Sparing no expense, ROSS Intelligence hires even more lawyers for its interlocutory appeal of Judge Bibas’s fair use denial to Third Circuit
Judge Stein issues opinion rejecting most of OpenAI’s motion to dismiss claims by newspapers, book authors. Judge now will preside over all copyright cases v. OpenAI, Microsoft.

Judge Stein his opinion rejecting many of OpenAI’s motion to dismiss the claims filed by the New York Times and other newspapers, and the Authors Guild and other book authors. Microsoft fared a tad better in getting the dismissal of all DMCA 1202(b)(1) claims against it, whereas OpenAI succeeded only in getting the New York…
Read more: Judge Stein issues opinion rejecting most of OpenAI’s motion to dismiss claims by newspapers, book authors. Judge now will preside over all copyright cases v. OpenAI, Microsoft.
Stunner. Judge Bibas grants ROSS Intelligence motion to certify fair use & copyrighability of headnotes to Third Circuit for interlocutory appeal. Wow.

Well, Judge Stephanos just made another stunning decision, adding to the series of stunning decisions he’s made in this case, including postponing the trial a day before it was to start. He granted ROSS Intelligence’s motion to certify the 2 questions he already decided on summary judgment, including the fair use defense for training ROSS’s…
Read more: Stunner. Judge Bibas grants ROSS Intelligence motion to certify fair use & copyrighability of headnotes to Third Circuit for interlocutory appeal. Wow.
EFF files amicus brief v. Kadrey partial summary judgment motion. Fair use is fact specific, not contingent on avoiding torrenting of books dataset. EFF takes no position on Meta’s fair use

Following the amici brief of Harvard Law Professor Rebecca Tushnet in support of Meta’s fair use defense, EFF filed its own amicus brief in support of the opposition against the Kadrey plaintiffs’ motion for partial summary judgment of infringement based on Meta’s torrenting / seeding of the controversial shadow or pirated books dataset(s). EFF takes…
Read more: EFF files amicus brief v. Kadrey partial summary judgment motion. Fair use is fact specific, not contingent on avoiding torrenting of books dataset. EFF takes no position on Meta’s fair use
Big News: OpenAI is transferring all copyright suits to Judge Sydney Stein in Multi-District Litigation. Judge McMahon rejects Raw Story Media’s proposed amended DMCA claim as lacking Art. III standing

Wow. Judge Sydney Stein of the Southern District of New York, who already oversees the New York Times newspaper cases and the Authors Guild Book cases apparently will now inherit all the other copyright lawsuits against OpenAI (and presumably Microsoft). In a footnote of an order denying Raw Story Media’s motion for leave to file…
Read more: Big News: OpenAI is transferring all copyright suits to Judge Sydney Stein in Multi-District Litigation. Judge McMahon rejects Raw Story Media’s proposed amended DMCA claim as lacking Art. III standing
Thomson Reuters opposes ROSS Intelligence’s attempt to interlocutory appeal

Thomson Reuters opposes ROSS Intelligence motion for leave to certify the issue of fair use to the Third Circuit following Judge Bibas’s 2025 grant of summary judgment rejecting fair use. Download the brief below:
Read more: Thomson Reuters opposes ROSS Intelligence’s attempt to interlocutory appeal

Category: AI Copyright Wars