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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.
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Doe 1 v. Github 9th Circuit brief of Doe Appellant on DMCA CMI claims
Read more: Doe 1 v. Github 9th Circuit brief of Doe Appellant on DMCA CMI claimsThe interlocutory appeal of the interpretation of Section 1202 of the DMCA is now being briefed. Represented by Joseph Saveri Law Firm and David Boies’s law firm, the Doe Appellants make the following arguments on appeal below. The defendant-appellees’ Answering Brief Due (Appellee) is due 5/12/2025. Optional Reply Brief due 21 days after service of…
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Vacker cites Judge Rakoff decision on CMI claim
Read more: Vacker cites Judge Rakoff decision on CMI claimPlaintiffs in the AI copyright litigation continue to cite Judge Rakoff’s recent opinion allowing the DMCA CMI 1202(b)(1) claim for intentional removal of copyright management information in the Intercept v. OpenAI case. Related Stories
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New York Times, Book authors cite Judge Rakoff’s opinion allowing DMCA CMI 1202(b)(1) claim
Read more: New York Times, Book authors cite Judge Rakoff’s opinion allowing DMCA CMI 1202(b)(1) claimJudge Jed Rakoff published his long-awaited opinion, some 3 months after announcing his ruling. Judge Rakoff disagreed with OpenAI’s argument–and with Judge Colleen McMahon’s prior ruling in Raw Story Media v. OpenAI–that the Intercept lacked Article III injury under the Supreme Court’s ruling in TransUnion v. Ramirez. Oddly, Judge Rakoff failed to mention, much less…
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Judge Rakoff’s long-awaited decision allowing DMCA 1202(b)(1) claim to proceed in Intercept v. OpenAI. Creates SDNY split with Judge McMahon decision in Raw Story.
Read more: Judge Rakoff’s long-awaited decision allowing DMCA 1202(b)(1) claim to proceed in Intercept v. OpenAI. Creates SDNY split with Judge McMahon decision in Raw Story.Back in November 2024, Judge Jed Rakoff denied in part OpenAI’s motion to dismiss the DMCA claims raised by the Intercept against OpenAI. Today, Judge Rakoff finally issued his opinion explaining his rationale. Curiously, Judge Rakoff fails to even mention the contrary decision of another SDNY judge, Judge Colleen McMahon (the former Chief Judge from…
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Vacker Plaintiffs file opposition to Eleven Labs motion to dismiss
Read more: Vacker Plaintiffs file opposition to Eleven Labs motion to dismissThe Vacker plaintiffs filed their oposition to Eleven Labs’ motion to dismiss. The plaintiffs address the standing issue for DMCA CMI claims.
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Exhibits show Meta employees apparently discussing removal of copyright management information from materials from some works in dataset(s)
Read more: Exhibits show Meta employees apparently discussing removal of copyright management information from materials from some works in dataset(s)Based on Judge Chhabria’s order this week in the Kadrey v. Meta suit, the parties were allowed to file partially redacted exhibits related to the plaintiffs’ motion for leave to file a Third Amended Consolidated Complaint, which the Judge granted. Now we get to see some of the evidence the plaintiffs, led by David Boies’…
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The Top 5 Stories in U.S. Copyright Lawsuits v. AI in 2024
Read more: The Top 5 Stories in U.S. Copyright Lawsuits v. AI in 2024On the final day of 2024, it’s fitting to identify what we believe were the Top 5 stories in the U.S. copyright lawsuits against AI companies. Our method was completely unscientific, but, nonetheless, perfectly valid. No. 5. Judge Bibas postpones first trial on the day before it was to start It’s not often a nonevent…