Chat GPT Is Eating the World

Category: Judge Stein

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?
OpenAI asks Magistrate Judge Wang to stay controversial ruling on waiver of attorney-client privilege as it appeals to Judge Stein

OpenAI has asked Magistrate Judge Wang to stay her controversial decision holding that OpenAI has waived its attorney client privilege related to communications on “non-use” and “reasons” for deleting Books1 and Books2 before any copyright litigation started. OpenAI will appeal the decision to Judge Stein.
Read more: OpenAI asks Magistrate Judge Wang to stay controversial ruling on waiver of attorney-client privilege as it appeals to Judge Stein
After OpenAI loses attorney-client privilege re: Books1, 2 datasets, ChatGPT says OpenAI’s position “is significantly weaker” and in “real danger” of liability.

The string of losses OpenAI has suffered recently in the MDL litigation should give OpenAI pause. For a brief summary of some of these losses: What does ChatGPT think now of OpenAI’s chances in the litigation? At least at the moment, it’s hard for OpenAI to be optimistic about the MDL litigation. There are a…
Read more: After OpenAI loses attorney-client privilege re: Books1, 2 datasets, ChatGPT says OpenAI’s position “is significantly weaker” and in “real danger” of liability.
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
Is case v. OpenAI now Bartz II? Judge Stein denies OpenAI’s motion to strike download claim from Shadow Library.

Things just went from bad to worse for OpenAI. Judge Stein issued a second opinion related to OpenAI’s and Microsoft’s motions to strike allegedly new allegations made in the Consolidated Class Action Complaint by book authors. (Judge Stein’s first opinion denied OpenAI’s motion to dismiss the “output” copyright infringement claim.) OpenAI won a modest victory:…
Read more: Is case v. OpenAI now Bartz II? Judge Stein denies OpenAI’s motion to strike download claim from Shadow Library.
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.
Judge Stein holds 4 hour hearing for OpenAI’s motion to dismiss

The MDL litigation against OpenAI and Microsoft is trudging along. Judge Stein held oral argument on various motions, including motions to dismiss the output claims. The hearing lasted nearly 4 hours! Adam Eisgrau was at the hearing and summarized it below. It sounds like Eisgrau thinks that OpenAI may get some of the claims dismissed.…
Read more: Judge Stein holds 4 hour hearing for OpenAI’s motion to dismiss
Judge Stein sets hearing for Oct. 8, 2:15 pm re OpenAI’s motion to dismiss

October 8 appears to be a popular day for hearings on motions. In the MDL Litigation against OpenAI and Microsoft, Judge Stein set Oct. 8, 2025, 2:15 PM, to hear argument on OpenAI’s and Microsoft’s motions to dismiss.
Read more: Judge Stein sets hearing for Oct. 8, 2:15 pm re OpenAI’s motion to dismiss
Magistrate Judge Wang issues ominous order asking for more briefing on whether OpenAI waived attorney-client privilege re: its destruction of Books1 and Books2 datasets.

Things may go from bad to worse from OpenAI in the MDL Litigation. Magistrate Judge Wang just ordered supplemental briefing on whether OpenAI waived its attorney-client privilege related to its destructions of Books1 and Books2 datasets used to train its earlier models. The parties are directed to file supplemental briefs not to exceed 1,500 words…
Read more: Magistrate Judge Wang issues ominous order asking for more briefing on whether OpenAI waived attorney-client privilege re: its destruction of Books1 and Books2 datasets.