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NVIDIA, Meta, Microsoft sued again. So was Roblox. This time for alleged CMI violation, 1202(b). Austin Beaulier v. NVIDIA, Meta, Microsoft, and Roblox are lawsuits No. 94, 95, 96, and 97.
Read more: NVIDIA, Meta, Microsoft sued again. So was Roblox. This time for alleged CMI violation, 1202(b). Austin Beaulier v. NVIDIA, Meta, Microsoft, and Roblox are lawsuits No. 94, 95, 96, and 97.3D model artist Austin BeaUlier just filed 4 copyright suits, one against each of NVIDIA, Microsoft, Meta, and Roblox. Beualier alleges that each defendant removed the CMI related to his 3D models, licensed under a Creative Commons license, in the dataset called Objaverse-XL. (See here.) These are copyright lawsuits No. 94 through 97 against AI…
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OpenAI faces skeptical Second Circuit panel in Raw Story Media appeal of lack of Article III injury ruling
Read more: OpenAI faces skeptical Second Circuit panel in Raw Story Media appeal of lack of Article III injury rulingToday, the Second Circuit heard oral argument in Raw Story Media’s appeal of Judge Colleen McMahon’s ruling that the alleged removal of Raw Story Media’s copyright management information from its works did not show an Article III injury. On the panel were Judge Richard C. Wesley, Judge Dennis Jacobs, and Judge Eunice C. Lee. According…
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Video of oral argument in Doe 1 v. Github before 9th Circuit
Read more: Video of oral argument in Doe 1 v. Github before 9th CircuitHope to have reflections on today’s oral argument later today. But here is the video.
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Link for 9th Circuit livestream of oral argument in Doe 1 v. Github, Microsoft, and OpenAI
Read more: Link for 9th Circuit livestream of oral argument in Doe 1 v. Github, Microsoft, and OpenAIThe 9th Circuit oral argument in Doe 1 v. Github is tomorrow Feb. 11 at 9 AM PDT in Courtroom 1 in San Francisco. You can watch the livestream (and archived video) here: https://www.ca9.uscourts.gov/media/live-oral-arguments/. [Select San Francisco Courtroom 1.] You can read the briefs here: https://chatgptiseatingtheworld.com/doe-1-v-github/. Issue concerns the proof required for DMCA CMI claims in the context of copies…
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OpenAI, represented by Lisa Blatt, files appellee brief in Raw Story Media appeal of DMCA CMI claim dismissal
Read more: OpenAI, represented by Lisa Blatt, files appellee brief in Raw Story Media appeal of DMCA CMI claim dismissalOpenAI, represented by Supreme Court litigator, filed its brief of appellee in the appeal filed by Raw Story Media. Judge McMahon dismissed Raw Story Media’s DMCA CMI removal claim for lack of Article III standing. EXCERPTS from OPENAI’s BRIEF DOWNLOAD OPENAI’S BRIEF OF APPELLEE
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Doe 1 v. Github oral argument in 9th Circuit could be during Feb. 9-13, 2026
Read more: Doe 1 v. Github oral argument in 9th Circuit could be during Feb. 9-13, 2026Based on the attorneys’ answers to the Clerk of the Ninth Circuit, it appears the only week in which both sides’ attorneys in Doe 1 v. Github are available is Feb. 9-13, 2026 in San Francisco. Lisa Blatt, counsel for OpenAI, has a conflict with both weeks in March. But she indicated the counsel of…
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Oral argument in Doe 1 v. Github likely in Feb. or March 2026
Read more: Oral argument in Doe 1 v. Github likely in Feb. or March 2026The Clerk for the 9th Circuit issued another request for availability to the lawyers in Doe 1 v. Github. The initial request would have scheduled the oral argument for Dec. 2025 or January 2026. It no longer looks like those dates are possible. The Clerk has issued the following order, suggesting oral argument will be…
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Raw Story Media filed opening brief in case v. OpenAI
Read more: Raw Story Media filed opening brief in case v. OpenAIRaw Story Media filed its opening brief in the 2d Circuit back on September 8. OpenAI received an extension to file its brief on November 10, 2025, and Appellants’ reply brief will be due on December 8, 2025. EXCERPTS: DOWNLOAD RAW STORY MEDIA’S OPENING BRIEF
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Judge Chhabria grants Meta summary judgment finding no DMCA CMI violation when defendant engaged in fair use, not infringement
Read more: Judge Chhabria grants Meta summary judgment finding no DMCA CMI violation when defendant engaged in fair use, not infringementAs he indicated in his earlier decision on fair use, Judge Chhabria just issued his decision granting Meta summary judgment and finding it did not violate the DMCA CMI provision for intentional removal of CMI, Section 1202(b)(1). Meta acted under fair use, not infringement, and therefore a predicate component of the double scienter of 1202(b)(1)…
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The Intercept files Second Amended Complaint v. OpenAI, Microsoft
Read more: The Intercept files Second Amended Complaint v. OpenAI, MicrosoftThe Intercept filed its Second Amended Complaint against OpenAI and Microsoft. It looks like the additions are two: (1) alleged abridgement of plaintiffs’ works in outputs, and (2) continuing violations. The number of DMCA claims remains the same at 3.