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New Paper: Copyright Dilution Based on Wholly Non-Infringing Expression Is Unconstitutional. It violates both Copyright Clause and First Amendment.
Read more: New Paper: Copyright Dilution Based on Wholly Non-Infringing Expression Is Unconstitutional. It violates both Copyright Clause and First Amendment.Publication Day: My latest article has been published by the Chicago-Kent Journal of Intellectual Property. The article, Copyright Dilution Under Constitutional Scrutiny, explains why the newfound theory of market harm called “copyright dilution“–embraced by the Copyright Office and by Judge Chhabria in dicta in Kadrey v. Meta—would violate the Constitution if it is adopted by…
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Elon Musk’s xAI enlists team from Sullivan & Cromwell, including Supreme Court litigators, to defense v. book authors Carreyrou’s copyright lawsuit
Read more: Elon Musk’s xAI enlists team from Sullivan & Cromwell, including Supreme Court litigators, to defense v. book authors Carreyrou’s copyright lawsuitElon Musk’s xAI, sued for the 1st time for copyright infringement for its training of its models, has enlisted a legal team from Sullivan & Cromwell. What’s notable is that xAI’s legal team includes Supreme Court litigators, even though the case is just starting in the trial court. Jeffrey B Wall: “Jeff Wall heads the…
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Google opposes Cengage Learning and Hachette Book Group’s attempt to intervene late. But, even if court agrees with Google, they could just file a new lawsuit
Read more: Google opposes Cengage Learning and Hachette Book Group’s attempt to intervene late. But, even if court agrees with Google, they could just file a new lawsuitGoogle filed a blistering opposition to what they say is a belated attempt by publishers Cengage Learning and Hachette Book Group to intervene in a book author lawsuit filed against Google that dates back to 2023. Google says the motion is too late, plus it does not satisfy Federal Rule of Civil Procedure 24. But,…
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Book author suit Carreyrou v. Anthropic assigned to Judge Trina Thompson
Read more: Book author suit Carreyrou v. Anthropic assigned to Judge Trina ThompsonCarreyrou v. Anthropic, the omnibus copyright lawsuit filed against Anthropic and other AI companies by book authors Carreyrou and several others who opted out of the Bartz class settlement, has been assigned to Judge Trina L Thompson. Judge Thompson also presides over the Getty Images v. Stability AI lawsuit.
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Judge Martínez-Olguín will allow extension to opt out in Bartz v. Anthropic in order to give notice to class
Read more: Judge Martínez-Olguín will allow extension to opt out in Bartz v. Anthropic in order to give notice to classJudge Martínez-Olguín has quickly disposed of pending motions in the Bartz v. Anthropic case since it was reassigned to her following Judge Alsup’s retirement. The Judge has asked the parties to work out an additional extension for people to opt out of and to file objections to the $1.5 billion class settlement. The last extension…
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Jane Adams in Carreyrou v. Anthopric has voluntarily dismissed her claim v. Anthropic, but not other defendants
Read more: Jane Adams in Carreyrou v. Anthopric has voluntarily dismissed her claim v. Anthropic, but not other defendantsBook author Jane Adams has voluntarily dismissed her claim against Anthropic, but not the other defendant AI companies, without prejudice. No reason is given, but presumably Adams can still file a claim in the Bartz v. Anthropic settlement before the deadline for re-inclusion on March 9, 2026.
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Bartz, Anthropic file case statement with Judge Martínez-Olguín. Seeks resetting April 23 for final approval hearing of class settlement.
Read more: Bartz, Anthropic file case statement with Judge Martínez-Olguín. Seeks resetting April 23 for final approval hearing of class settlement.The parties in Bartz v. Anthropic have filed a case management statement. It provides a nice summary of the case. It asks Judge Martínez-Olguín to reset the original date for the final approval hearing for April 23, at 12 PM. The date was removed from the calendar after Judge Alsup, who had presided over the…
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Judge Martinez-Olguin rules on sealing motions, allowing some and denying others
Read more: Judge Martinez-Olguin rules on sealing motions, allowing some and denying othersIn Bartz v. Anthropic, Judge Martinez-Olguin issued an order granting and denying various requests of parties to seal (1) the Works List (granted for now), (2) Settlement Agreement (granted), and (3) briefs (some granted, some denied). DOWNLOAD THE ORDER
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Judge Martinez-Olguin sets conference for Jan. 22, 11 AM PST in Bartz v. Anthropic
Read more: Judge Martinez-Olguin sets conference for Jan. 22, 11 AM PST in Bartz v. AnthropicAs requested by the Bartz Class Counsel, Judge Martinez-Olguin has scheduled an Initial Case Management Conference set for Jan. 22, 2026 at 11:00 AM in San Francisco, Courtroom 10, 19th Floor. A case management statement from the parties is due by Jan. 15, noon.
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Bartz Class Counsel & Authors Guild host webinar on Jan. 13 re: class settlement
Read more: Bartz Class Counsel & Authors Guild host webinar on Jan. 13 re: class settlementThe Bartz Class Counsel and Authors Guild will host a Zoom webinar about the class settlement on Jan. 13, 2 PM EDT. Judge Martínez-Olguín, who took over the case following Judge Alsup’s retirement, granted the parties’ request for a 2-week extension of the deadline for class members to opt out of or object to the…