Category: Judge Alsup

Concord Music cites Judge Alsup to justify adding new claims related to BitTorrent of lyrics. Anthropic’s woes grow.

Concord Music and other publishers have asked Judge Lee to change the scheduling order to allow them time to add new allegations related to Anthropic’s use of BitTorrent to illegally download their lyrics from shadow libraries. Judge Alsup’s opinion in Bartz v. Anthropic is attributed as the source of these new allegations: “Judge Alsup’s Bartz…
Read more: Concord Music cites Judge Alsup to justify adding new claims related to BitTorrent of lyrics. Anthropic’s woes grow.
Judge Alsup denies Anthropic’s motion for stay–and further justifies decision on library building, class certification.

Judge Alsup denied Anthropic’s request to stay the case, pending its seeking of Rule23(f) interlocutory appeal. Anthropic will likely ask the 9th Circuit for a stay as permitted under Rule 23(f). Judge Alsup’s denial of a stay was no surprise. He’s been steadfast in maintaining the December 1 trial date, plus he indicated he would…
Read more: Judge Alsup denies Anthropic’s motion for stay–and further justifies decision on library building, class certification.
Judge Alsup grants Anthropic’s request to file in reply in support of response to show cause re waiver of attorney client privilege

Here’s what the docket states: ORDER APPROVING 290 ANTHROPIC PBC’S REQUEST FOR LEAVE TO FILE REPLY IN SUPPORT OF RESPONSE TO ORDER TO SHOW CAUSE RE AFFIRMATIVE DEFENSES, AS AMENDED. Signed by Judge Alsup. (whalc2, COURT STAFF) (Filed on 8/8/2025) (Entered: 08/08/2025). This controversy is interesting in that Judge Alsup sua sponte raised it. Part…
Read more: Judge Alsup grants Anthropic’s request to file in reply in support of response to show cause re waiver of attorney client privilege
Bartz response to show cause re waiver of Anthropic’s attorney-client privilege

Bartz recently filed its response to Judge Alsup’s order to show cause why Anthropic has not waived attorney client privilege by raising an innocent infringement defense. Summary of Argument DOWNLOAD THE RESPONSE Anthropic’s Summary of Argument Download Anthropic’s Response
Read more: Bartz response to show cause re waiver of Anthropic’s attorney-client privilege
Anthropic supported by amici briefs in 9th Circuit in request for interlocutory appeal of Judge Alsup’s class certification

Anthropic’s bid to convince the 9th Circuit Court of Appeals to grant, under Fed. R. Civ. P. 23(f), an interlocutory appeal of Judge Alsup’s certification of a class action of potentially millions of books just received support from several groups. You can download the amici briefs below: AUTHORS ALLIANCE, ELECTRONIC FRONTIER FOUNDATION, ASSOCIATION OF RESEARCH…
Read more: Anthropic supported by amici briefs in 9th Circuit in request for interlocutory appeal of Judge Alsup’s class certification
Anthropic files reply in support of motion for interlocutory appeal of Judge Alsup’s fair use decision and treatment of library building as a separate use

Anthropic reply
Read more: Anthropic files reply in support of motion for interlocutory appeal of Judge Alsup’s fair use decision and treatment of library building as a separate use
The dilemma over whether Anthropic is raising an advice of counsel defense, and if Anthropic must reveal attorney-client communications to support its innocent infringement defense to try to reduce statutory award to $200 per work

It looks like Anthropic is stuck again between a rock and a hard place. Parties typically are reluctant to waive attorney-client privilege in any context. But, asserting a defense of reliance on advice of counsel would waive the privilege to the relevant advice. But Judge Alsup goes even further and instructs Anthropic to show cause…
Read more: The dilemma over whether Anthropic is raising an advice of counsel defense, and if Anthropic must reveal attorney-client communications to support its innocent infringement defense to try to reduce statutory award to $200 per work
Judge Alsup asked OpenAI’s attorney to appear at today’s discovery hearing

Judge Alsup held a discovery hearing today in Bartz v. Anthropic. The dispute apparently involves OpenAI because Judge Alsup asked OpenAI’s attorney to appear at hearing. Still waiting to hear what transpired at the hearing. Judge Alsup’s Order Original Order
Read more: Judge Alsup asked OpenAI’s attorney to appear at today’s discovery hearing
Bartz adds class action specialist Jallé H. Dafa to legal team

The Bartz book authors have added Jallé H. Dafa of Lieff Cabraser to their legal team in anticipation of the Dec. 1st trial. Dafa is a partner in the San Francisco office and specializes in class-action litigation. Dafa graduated from Berkeley Law and clerked for Judge Corley in the Northern District of California and Judge…
Read more: Bartz adds class action specialist Jallé H. Dafa to legal team
Will Anthropic suffer “Napster-like” fate? We asked ChatGPT.

More and more it looks like December 1, 2025 will be a day of reckoning for Anthropic. After Judge Alsup certified a class action of authors’ whose books were downloaded by Anthropic in 2 shadow libraries of pirated books (Library Genesis and PiLiMi), and after the judge ruled that such downloading and storage by Anthropic…
Read more: Will Anthropic suffer “Napster-like” fate? We asked ChatGPT.