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Judge Alsup says he’s leaning to accept fair use by Anthropic. But cautions may change his mind.
Read more: 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…
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Anthropic hearing on fair use today in SF. OpenAI MDL litigation conference in NY.
Read more: 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,…
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Bartz files supplementary brief re: class certification. Shows difficulty of defining a common class.
Read more: Bartz files supplementary brief re: class certification. Shows difficulty of defining a common class.One of the sleeper issues in the lawsuits filed by book authors against Anthropic, OpenAI, Meta, and others is whether the courts will certify a class of book authors in any of the lawsuits. Last week, Judge Alsup was the first federal judge to consider a motion for class certification in one of these AI…
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Anthropic files supplemental brief to answer Judge Alsup’s question on non-class member suing for same copyrighted work
Read more: Anthropic files supplemental brief to answer Judge Alsup’s question on non-class member suing for same copyrighted workAnthropic filed a supplemental brief in response to a question Judge Alsup apparently asked during the hearing on the motion of Bartz for class certification. Question: Is there case law on the effect on Anthropic if one legal or beneficial owner of a copyright in a work is included in one of the proposed classes…
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At hearing for class certification, Judge Alsup rejects all Anthropic’s sealing motions. Must pare down.
Read more: At hearing for class certification, Judge Alsup rejects all Anthropic’s sealing motions. Must pare down.Judge William Alsup held a hearing on the Bartz book authors’ motion for class certification. He took it under advisement. He also rejected all the motions of Anthropic to see various parts of submissions, including the names of datasets used to train its AI model, Claude. No surprise. Anthropic was very aggressive in trying to…
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Bartz objects to Anthropic’s alleged requirement allowing access to list of datasets only in “a highly-monitored and restrictive inspection environment”
Read more: Bartz objects to Anthropic’s alleged requirement allowing access to list of datasets only in “a highly-monitored and restrictive inspection environment”By the sounds of it, Anthropic is jealously guarding the information about what datasets it used to train its AI model like a crown jewel. Bartz book authors just filed a letter objecting to the alleged restriction that Anthropic is now imposing: “Anthropic claims Plaintiffs can only view this evidence in a highly-monitored and restrictive…
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With summary judgment pending, Kadrey, Bartz plaintiffs cite Pre-Publication version of Copyright Office Report on fair use and AI training as Supplemental Authority, despite its non-final status.
Read more: With summary judgment pending, Kadrey, Bartz plaintiffs cite Pre-Publication version of Copyright Office Report on fair use and AI training as Supplemental Authority, despite its non-final status.Wasting no time, the book author plaintiffs in the two copyright lawsuits with summary judgment motions on fair use pending, Kadrey v. Meta and Bartz v. Anthropic, have now cited the Pre-Publication version of the U.S. Copyright Office’s Report on AI training and fair use as Supplemental Authority. The Kadrey plaintiffs even cite to another…
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Bartz book authors oppose Anthropic’s summary judgment motion on fair use, citing Anthropic’s downloading pirated books
Read more: Bartz book authors oppose Anthropic’s summary judgment motion on fair use, citing Anthropic’s downloading pirated booksThe Bartz book authors filed their opposition to Anthropic’s motion for summary judgment on fair use. Like the Kadrey book author plaintiffs in the lawsuit against Meta, the Bartz book authors argue that the downloading of digital copies of “pirated” books from illegal online sources is a separate use by Anthropic that cannot be fair…
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Anthropic challenges class certification in heavily redacted brief concealing information related to datasets used
Read more: Anthropic challenges class certification in heavily redacted brief concealing information related to datasets usedOn April 17, Anthropic filed its opposition to the plaintiffs’ motion for class certification. A large portion of Anthropic’s brief is redacted. One intriguing argument by Anthropic is that the plaintiffs cannot identify a class due to the inability to ascertain whose books were used by Anthropic in their books datasets. The plaintiffs are proposing…
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Anthropic asks Judge Alsup to seal parts of hearing transcript related to training datasets used by Anthropic
Read more: Anthropic asks Judge Alsup to seal parts of hearing transcript related to training datasets used by AnthropicAnthropic is seeking to seal parts of the discovery hearing transcript related to the training datasets Anthropic used. Explains Anthropic: “As set forth in the Gillotte Sealing Declaration, the information that Anthropic seeks to redact reveals the name, source and contents of Anthropic’s datasets for Anthropic’s non- commercial and commercial models of Claude. (Gillotte Sealing…