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Discovery battle royale: Daily News seeks discovery of refreshed Copilot for Microsoft search
Read more: Discovery battle royale: Daily News seeks discovery of refreshed Copilot for Microsoft searchThe discovery battle royale continues in the newspapers and books lawsuits in the Southern District of New York. The New York Times wants OpenAI’s profit projections. The Daily News wants discovery related to Microsoft’s refreshed Copilot for Microsoft’s search engine. I expect Magistrate Judge to grant this request, too.
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Judge Stein dismisses some, but not all claims v. OpenAI and Microsoft in the newspapers cases (New York Times, Daily News, Center for Inv. Reporting)
Read more: Judge Stein dismisses some, but not all claims v. OpenAI and Microsoft in the newspapers cases (New York Times, Daily News, Center for Inv. Reporting)Today has turned out to be Rule on Motions to Dismiss Day. On the heels of Judge Lee’s dismissal of some claims of Concord Music against Anthropic earlier this morning, Judge Stein just issued an order dismissing some, but not all of the claims OpenAI and Microsoft sought to be dismissed. (Other than the assertion…
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New York Times, OpenAI, Microsoft try to hammer out deposition coordination, other discovery disputes
Read more: New York Times, OpenAI, Microsoft try to hammer out deposition coordination, other discovery disputesThe parties in the consolidated newspaper lawsuits against OpenAI and Microsoft asked Magistrate Judge Wang to hold a settlement conference to facilitate an arrangement for coordinated depositions of witnesses, including in the book authors’ consolidated lawsuits and lawsuits in California. They say they are close to reaching an arrangement. They also filed a master chart…
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Judge Stein orders Microsoft to file FRCP 5.1(a)(2) notice of constitutional challenge to NY law as applied in Daily News lawsuit
Read more: Judge Stein orders Microsoft to file FRCP 5.1(a)(2) notice of constitutional challenge to NY law as applied in Daily News lawsuitJudge Stein ordered Microsoft to file a notice of a constitutional challenge pursuant to Federal Rule of Civil Procedure 5.1(a)(1)(B). Microsoft had taken the position that it wasn’t required, but said it would promptly do so if Judge Stein disagreed.
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Judge Stein sets oral argument for Jan. 14, 2025 in NYT, Daily News, Center for Investigative Reporting suits v. OpenAI, Microsoft
Read more: Judge Stein sets oral argument for Jan. 14, 2025 in NYT, Daily News, Center for Investigative Reporting suits v. OpenAI, MicrosoftJudge Sydney Stein has set Jan. 14, 2025, 10:30 AM, in Courtroom 23A for oral argument on OpenAI’s and Microsoft’s motions to dismiss most of the claims, including the DMCA CMI claims and state law claims, in the lawsuits brought by New York Times, Daily News, and the Center for Investigative Reporting. Motion to dismiss…
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OpenAI cites dismissal of DMCA 1202 claim in Raw Story to support its motion to dismiss Daily News, the Intercept
Read more: OpenAI cites dismissal of DMCA 1202 claim in Raw Story to support its motion to dismiss Daily News, the InterceptCiting Judge McMahon’s dismissal of Raw Story Media’s DMCA Section 1202 claims for lack of a cognizable injury under Article III of the Constitution, OpenAI submitted a letter of supplemental authority in support of its motion to dismiss the DMCA claims in the lawsuits brought respectively by Daily News and the Intercept. Aaron Moss, the…
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Has Andersen v. Stability AI order given life to active inducement claims in other AI suits?
Read more: Has Andersen v. Stability AI order given life to active inducement claims in other AI suits?Active inducement claims The Supreme Court’s decision in MGM Studios, Inc. v. Grokster, Ltd., attempted to draw a line between (i) developing a new technology and (ii) trying to actively induce others to commit copyright infringement using the technology. The Court held: “that one who distributes a device with the object of promoting its use…
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Did Daily News and 7 newspapers fail to file their Complaint in 2d copyright lawsuit? Clerk’s office asks for pleading.
Read more: Did Daily News and 7 newspapers fail to file their Complaint in 2d copyright lawsuit? Clerk’s office asks for pleading.On Tuesday, we reported that the Daily News and 7 other major newspapers filed 2 copyright lawsuits, one against OpenAI and Microsoft and the other we suspected was Google. But, as we reported, mysteriously, the docket entry for the second lawsuit lacked the complaint and the name of the defendant. Because this lasted for more…