Category: Bartz v. Anthropic

Anthropic faces potential business-ending liability in statutory damages after Judge Alsup certifies class action by Bartz

In practical terms, what class certification means is that Anthropic faces at least the potential for business-ending liability. It all depends on the number of works within the class (yet to be determined by the plaintiffs in compiling its list, as Judge Alsup instructed). But it also depends on the figure the jury picks within…
Read more: Anthropic faces potential business-ending liability in statutory damages after Judge Alsup certifies class action by Bartz
Anthropic files motion to seek leave to file interlocutory appeal of Judge Alsup’s partial summary judgment

Here’s the entry on the docket: ENTRY FILED DESCRIPTION 241 Jul. 14, 2025 MOTION for Leave to Appeal Pursuant to 28 USC 1292(b), or in the Alternative, For Leave to Move for Reconsideration filed by Anthropic PBC. Motion Hearing set for 8/28/2025 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup.…
Read more: Anthropic files motion to seek leave to file interlocutory appeal of Judge Alsup’s partial summary judgment
Three judges made fair use rulings re: AI training. They appear torn.

With this week’s blockbuster rulings in Bartz v. Anthropic and Kadrey v. Meta, we now have decisions by three federal judges on the question whether the use of copyrighted works to train AI models that do not produce allegedly infringing outputs when deployed is a fair use. This is a novel question of law, so…
Read more: Three judges made fair use rulings re: AI training. They appear torn.
More on Judge Alsup’s Solomonic decision finding fair use and infringement in Bartz v. Anthropic

Judge William Alsup issued the first decision on fair use and infringement in a generative AI case, Bartz v. Anthropic. It was a split decision: (1) copies used to train Anthropic’s AI model were “exceedingly transformative” and fair uses to develop a technology “among the most transformative many of us will see in our lifetimes,”…
Read more: More on Judge Alsup’s Solomonic decision finding fair use and infringement in Bartz v. Anthropic
Bartz plaintiffs want the deposition transcripts and records from depositions of Dario Amodei, Benjamin Mann for their past work at OpenAI and alleged use of LibGen books dataset

The Bartz plaintiffs filed a motion to compel non-party OpenAI to turn over the deposition transcripts and records from the depositions taken of Anthropic’s co-founders Dario Amodei and Benjamin for their alleged past use of the LibGen books dataset aka shadow library while employees of OpenAI. The Authors Guild took the deposition. Sounds like a…
Read more: Bartz plaintiffs want the deposition transcripts and records from depositions of Dario Amodei, Benjamin Mann for their past work at OpenAI and alleged use of LibGen books dataset
Bartz v. Anthropic parties fight over production of datasets spreadsheet and books dataset outside of inspection environment. Anthropic reveals it spent tens of millions of dollars to compile its own scanned books dataset.

As Judge Alsup is deliberating over Anthropic’s motion for summary judgment on fair use, the parties continue to fight over discovery. One of the more fascinating discovery disputes relates to whether the Bartz plaintiffs should get production of (1) a spreadsheet of the datasets used by Anthropic, which it calls the Tokens Formula Log, and…
Read more: Bartz v. Anthropic parties fight over production of datasets spreadsheet and books dataset outside of inspection environment. Anthropic reveals it spent tens of millions of dollars to compile its own scanned books dataset.
Who will decide fair use first — Judge Alsup or Judge Chhabria?

Two cases in the Northern District of California have had oral arguments on the respective defendant’s motion for summary judgment on fair use: Kadrey v. Meta and Bartz v. Anthropic. Both involve lawsuits brought by book authors. Both involve the defendant’s use of so-called pirated books datasets, or shadow libraries, which defendants contend were used…
Read more: Who will decide fair use first — Judge Alsup or Judge Chhabria?
Bartz v. Anthropic parties file briefs on Google Books initial copying and fair use. Judge Alsup also tells parties he’s likely to go inactive status before end of 2025.

At Thursday’s hearing on Anthropic’s motion for summary judgment on fair use, Judge William Alsup told the parties he’s inclined to find in favor of Anthropic’s fair use defense (though he could change his mind). But he asked the parties to brief a question on the main precedent relied on by Anthropic: “(1) “In the…
Read more: Bartz v. Anthropic parties file briefs on Google Books initial copying and fair use. Judge Alsup also tells parties he’s likely to go inactive status before end of 2025.
Judge Alsup says he’s leaning to accept fair use by Anthropic. But cautions may change his mind.

I wasn’t able to attend today’s hearing in San Francisco on Anthropic’s motion for summary judgment on fair use in Bartz v. Anthropic. So, please take my assessment with a grain of sale. Also remember that it’s risky, if not foolish, to predict how a judge will rule based on an oral argument. But, based…
Read more: Judge Alsup says he’s leaning to accept fair use by Anthropic. But cautions may change his mind.
Anthropic hearing on fair use today in SF. OpenAI MDL litigation conference in NY.

Today, there are two big hearings, both in-person: May 22, 2025 In re OpenAI Copyright Infringement Litigation: Initial Case Management Conference scheduled for May 22, 2025, at 10:00 am ET in New York City before Judge Sidney Stein. Bartz v. Anthropic: summary judgment motion on fair use, 12:00 PM PT in San Francisco, Courtroom 12,…
Read more: Anthropic hearing on fair use today in SF. OpenAI MDL litigation conference in NY.