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Category: In re OpenAI Copyright Infringement Litigation

Is Magistrate Judge’s decision on OpenAI’s waiver of attorney-client privilege due to willfulness of civil infringment but no waiver on criminal infringement contradictory?

One of the biggest issues that has arisen in the copyright litigation against OpenAI is whether OpenAI waived its attorney-client privilege as to communications in-house OpenAI lawyers made regarding the deletion of Books1 and Books2 datasets in mid-2022 after OpenAI torrented them in 2018 and then used them to train an earlier AI model(s) of…
Read more: Is Magistrate Judge’s decision on OpenAI’s waiver of attorney-client privilege due to willfulness of civil infringment but no waiver on criminal infringement contradictory?
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?
Microsoft letter to Judge Wang re: unable to find Bing Chat CTR data

Microsoft says it has extensively searched for and cannot find Bing Chat CTR (Click-Through-Rate). The information is related to the search engines using RAG, or retrieval augmented generation (combining AI with real time information from search). DOWNLOAD MICROSOFT’S REDACTED LETTER
Read more: Microsoft letter to Judge Wang re: unable to find Bing Chat CTR data
Book authors chomping at the bit to get more discovery of OpenAI’s alleged use of shadow libraries

After scoring a major victory in getting additional discovery related to OpenAI’s alleged use of shadow libraries, the book authors in the MDL litigation are chomping at the bit. Book authors are salivating to get their hands on the documents now. But OpenAI said it would take until early December. If Judge Stein follows Judge…
Read more: Book authors chomping at the bit to get more discovery of OpenAI’s alleged use of shadow libraries
OpenAI’s expected IPO in 2026 increases probability it settles copyright suits

Now that OpenAI restructured itself into a public benefit company, there’s already anticipation for it to offer an IPO potentially as early as late 2026 with a valuation of $1 trillion. An IPO increases the probability OpenAI settles most or all of the copyright suits The timing of an IPO could affect OpenAI’s willingness to…
Read more: OpenAI’s expected IPO in 2026 increases probability it settles copyright suits
Judge Stein wants another oral argument on OpenAI’s motion to dismiss Ziff Davis’s First Amended Complaint on Nov. 13, 2025, 11:30AM

Judge Stein wants further oral argument on OpenAI’s motion to dismiss Ziff Davis’s First Amended Complaint. He scheduled one for Nov. 13, 2025, 11:30 AM. Apparently, there were too many different issues to cover from the various MDL cases at the marathon, 4-hour oral argument last week. ORDER: The Court shall hear further oral argument…
Read more: Judge Stein wants another oral argument on OpenAI’s motion to dismiss Ziff Davis’s First Amended Complaint on Nov. 13, 2025, 11:30AM
Magistrate Judge Wang allows discovery related to OpenAI’s alleged use of Library Genesis, shadow library

The fallout from Judge Stein’s decision to allow the Class Plaintiffs to pursue a separate copyright claim based on OpenAI’s alleged downloading of book copies from shadow libraries, such as Library Genesis, continues. Magistrate Judge Wang just allowed the Plaintiffs discovery related to OpenAI’s alleged use of Library Genesis. The Plaintiffs will milk the Shadow…
Read more: Magistrate Judge Wang allows discovery related to OpenAI’s alleged use of Library Genesis, shadow library
Magistrate Judge Wang to hold confidential settlement conference with OpenAI and News plaintiffs on Oct. 31

On October 31, 10:30 AM, Magistrate Judge Wang will hold a confidential settlement conference with OpenAI and the News Plaintiffs. Meanwhile, Judge Wang issued an order expressing concern “that OpenAI may have disclosed protected settlement communications that took place during the August 15, 2025, confidential settlement conference.” It is a tantalizing possibility that, eventually, all…
Read more: Magistrate Judge Wang to hold confidential settlement conference with OpenAI and News plaintiffs on Oct. 31
Judge Stein issues opinion denying OpenAI’s motion to dismiss claim based on allegations of some infringing outputs. Court points to example of summary from Game of Thrones book.

Judge Stein just issued his order denying OpenAI’s motion to dismiss the Class Plaintiffs’ claim as to infringing outputs. Judge Stein found sufficient allegations to state a claim. Judge Stein used an example of a summary generated for Game of Thrones: “the output summarizing George R.R. Martin’s A Game of Thrones from his A Song…
Read more: Judge Stein issues opinion denying OpenAI’s motion to dismiss claim based on allegations of some infringing outputs. Court points to example of summary from Game of Thrones book.
Book Authors spar with OpenAI, Microsoft over discovery related to books datasets, Bing Index, waiver of attorney-client privilege

On October 29, Magistrate Judge Ona Wang will hold a discovery conference to go over disputes between the parties. Let’s take a look at the discovery disputes between the book authors (aka “class” plaintiffs) and OpenAI and Microsoft. Issues: Positions of the parties DOWNLOAD THE CHARTS OF THE PARTIES
Read more: Book Authors spar with OpenAI, Microsoft over discovery related to books datasets, Bing Index, waiver of attorney-client privilege