Bartz v. Anthropic – Page 4 – Chat GPT Is Eating the World

Has Magistrate Judge Wang overread the Bartz v. Anthropic fair use decision in her recent decision on OpenAI’s waiver of attorney-client privilege?

In today’s controversial decision by Magistrate Judge Wang finding that OpenAI waived its attorney-client privilege as to communications on why it deleted Books1 and Books2 datasets (which was used to train earlier OpenAI models, according to an OpenAI paper at p. 9), Magistrate Judge Wang rejected one of OpenAI’s arguments based on Bartz v. Anthropic.…
Read more: Has Magistrate Judge Wang overread the Bartz v. Anthropic fair use decision in her recent decision on OpenAI’s waiver of attorney-client privilege?
Bartz Class Counsel revamps class website to comply with Judge Alsup’s Third Order

After a scathing rebuke from Judge Alsup about the slanted nature of the Bartz v. Anthropic Class Settlement website, the Bartz Class Counsel has now made the necessary revisions required by Judge Alsup’s Third Order. Judge Alsup had found the prior class website did not give “equal dignity” to a class member’s right to opt…
Read more: Bartz Class Counsel revamps class website to comply with Judge Alsup’s Third Order
Bartz Class Settlement website goes dark temporarily, by court order due to steering away from opt outs

The Bartz Class Counsel has temporarily taken down the class settlement website to comply with Judge Alsup’s late evening order. They have until Tuesday, Nov. 25, 7:30 AM to fix the website and forms to comply with Judge Alsup’s order. For more on the Judge’s order, visit: Obviously, this is a major setback for the…
Read more: Bartz Class Settlement website goes dark temporarily, by court order due to steering away from opt outs
Judge Alsup finds major flaws with Bartz Class Website, “steered away from opting out” with no button to opt out. Court orders class website IMMEDIATELY disabled until fixes made.

Late Thursday night, Judge Alsup issued his third order on the Bartz class notice. The order is the most scathing critique of the Bartz class’s process for class members. Judge Alsup found that (1) the class website lacks a button for class members to opt out while presenting a button to file a claim for…
Read more: Judge Alsup finds major flaws with Bartz Class Website, “steered away from opting out” with no button to opt out. Court orders class website IMMEDIATELY disabled until fixes made.
Judge Alsup continues to home in on making sure class members understand their right to opt out of the settlement

Judge Alsup issued a further order on Class Counsel’s status report on changes to the class notice. One of the biggest concern’s of Judge Alsup that he recently flagged is that 18,000 class members already elected to receive the class distribution of $3,100 per work before the direct class notice has been sent to class…
Read more: Judge Alsup continues to home in on making sure class members understand their right to opt out of the settlement
Class Counsel informs Judge Alsup of circulation of court’s preservation order re opt outs and claims

The Bartz book authors’ Class Counsel informed Judge Alsup of circulating his preservation order related to their communication to class members about opt outs and claims. This means they circulated the Judge’s order to: Obviously, the Bartz Class Counsel are showing urgency with the court’s order. As I mentioned in my prior post (see below),…
Read more: Class Counsel informs Judge Alsup of circulation of court’s preservation order re opt outs and claims
Judge Alsup orders all parties and enlisted class help including Association of American Publishers, Authors Guild to preserve all communications re opt out, claims to class members

Just when Bartz book authors’ Class Counsel prevailed in securing an interim order against ClaimsHero from making misleading overtures to members of the class to opt out, Class Counsel may have inflamed a new controversy over the opt out process. ClaimsHero has modified its website as Judge Alsup ordered. But, on Sunday, Judge Alsup raised…
Read more: Judge Alsup orders all parties and enlisted class help including Association of American Publishers, Authors Guild to preserve all communications re opt out, claims to class members
Bartz Class Counsel answers Judge Alsup’s questions about opt out timing and process

Bartz Class Counsel filed an answer to Judge Alsup’s request for information and concern about the early opt out process before class notice has been sent. Class Counsel says: (1) “The answer is Section 2 of the Plan of Allocation and Distribution (POA&D), Dkt. 401-1. That section expressly provides that ‘[o]pt-out requests and Claim Forms…
Read more: Bartz Class Counsel answers Judge Alsup’s questions about opt out timing and process
Judge Alsup raises new concerns about class members filing claims for 60,000 works before (i) direct notice and (ii) claims form lacking info on right to opt out. Asks Bartz Class Counsel if they informed court many class claims would occur before direct notice sent.

Judge Alsup issued an order Sunday afternoon expressing more concerns with how Bartz Class Counsel has implemented the claims process for people within the class. Today’s concern is with how already 60,000 works in the class, or over 12%, have been subject to claims. Usually that decent percentage of class participation would be a positive…
Read more: Judge Alsup raises new concerns about class members filing claims for 60,000 works before (i) direct notice and (ii) claims form lacking info on right to opt out. Asks Bartz Class Counsel if they informed court many class claims would occur before direct notice sent.
ClaimsHero removes pitch for opt outs from Anthropic Class Action settlement from ClaimsHero website.

After Judge Alsup agreed with Bartz Class Counsel that third-party law firm ClaimsHero was “misleading” and a “bait-and-switch,” the Judge ordered ClaimsHero to make the following corrections to its website within 48 hours, meaning today. Judge Alsup granted interim relief to the Bartz class of authors. ClaimsHero has 48 hours to update its website in the following:…
Read more: ClaimsHero removes pitch for opt outs from Anthropic Class Action settlement from ClaimsHero website.

Category: Bartz v. Anthropic