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Deletion Is Not Infringement
Read more: Deletion Is Not InfringementThis is an excerpt from my earlier analysis of Magistrate Judge Wang’s decision holding that OpenAI waived its attorney-client privilege in part because willful infringement has been alleged, thereby putting OpenAI’s state of mind “at issue.” For all of my analysis, see Related Stories below. Deletion Is Not Infringement And, even if OpenAI employees relied…
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Judge Stein questions the timeliness of OpenAI’s Rule 72(a) objection to Magistrate Judge’s order on 20M chat logs
Read more: Judge Stein questions the timeliness of OpenAI’s Rule 72(a) objection to Magistrate Judge’s order on 20M chat logsJudge Stein has set the briefing schedule for OpenAI’s upcoming Rule 72(a) objection to Magistrate Judge Wang’s order requiring OpenAI to produce 20 million anonymized user chat logs from ChatGPT use. Surprisingly, Judge Stein has asked OpenAI to brief whether its Nov. 24, 2025 objection pursuant to Federal Rule of Civil Procedure 72(a) is timely.…
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U.S. News sues OpenAI for use of U.S. News rankings, articles. 16th copyright suit v. OpenAI. 63rd copyright suit v. AI companies.
Read more: U.S. News sues OpenAI for use of U.S. News rankings, articles. 16th copyright suit v. OpenAI. 63rd copyright suit v. AI companies.OpenAI got hit with another copyright suit. U.S. News just sued OpenAI for its alleged use of U.S. News rankings and articles. This is the 16th copyright lawsuit filed against OpenAI and the 63rd copyright lawsuit filed against AI companies in the United States. The Complaint alleges:”OpenAI created and distributed reproductions of the USNWR’s material…
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More on why Magistrate Judge’s opinion that OpenAI waived its attorney-client privilege looks wrong
Read more: More on why Magistrate Judge’s opinion that OpenAI waived its attorney-client privilege looks wrongMagistrate Judge Wang issued a controversial 28-page opinion concluding that OpenAI waived its attorney-client privilege for communications of in-house attorneys in 2022 related to OpenAI’s deletion of Books 1, 2 datasets. Judge Wang did so on 2 grounds: (1) OpenAI putatively disclosed a “privileged reason” for the deletion based on “non-use” and (2) OpenAI put…
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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?
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?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…
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Microsoft letter to Judge Wang re: unable to find Bing Chat CTR data
Read more: Microsoft letter to Judge Wang re: unable to find Bing Chat CTR dataMicrosoft 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
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Book authors chomping at the bit to get more discovery of OpenAI’s alleged use of shadow libraries
Read more: Book authors chomping at the bit to get more discovery of OpenAI’s alleged use of shadow librariesAfter 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…
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OpenAI’s expected IPO in 2026 increases probability it settles copyright suits
Read more: OpenAI’s expected IPO in 2026 increases probability it settles copyright suitsNow 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…
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Judge Stein wants another oral argument on OpenAI’s motion to dismiss Ziff Davis’s First Amended Complaint on Nov. 13, 2025, 11:30AM
Read more: Judge Stein wants another oral argument on OpenAI’s motion to dismiss Ziff Davis’s First Amended Complaint on Nov. 13, 2025, 11:30AMJudge 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…