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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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List of OpenAI’s losses in discovery grows long. Is it the canary in the coal mine for OpenAI?
Read more: List of OpenAI’s losses in discovery grows long. Is it the canary in the coal mine for OpenAI?Back in December 2024, OpenAI probably had different hopes when seeking to transfer all the copyright lawsuits against it — then only 8 lawsuits — to one Multi-District Litigation court. Flash forward a year later. And OpenAI’s decision looks like it backfired. The copyright lawsuits have doubled since then, to now 16 lawsuits against OpenAI…
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Texts of Sam Altman, Greg Brockman get to be searched again, Magistrate Judge rules
Read more: Texts of Sam Altman, Greg Brockman get to be searched again, Magistrate Judge rulesOpenAI continues to lose just above every discovery dispute in the MDL Litigation. In the second loss for OpenAI just today, Magistrate Judge Wang ruled, in part, the OpenAI needs to re-run searches of the texts and social media messages of Sam Altman and Greg Brockman. DOWNLOAD THE ORDER Related Stories
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Magistrate Judge Wang denies OpenAI’s reconsideration of ruling on producing 20 Million ChatGPT Logs anonymized
Read more: Magistrate Judge Wang denies OpenAI’s reconsideration of ruling on producing 20 Million ChatGPT Logs anonymizedMagistrate Judge Wang denied OpenAI’s motion for reconsideration on her prior ruling ordering OpenAI to turn over 20 million ChatGPT Logs, anonymized. “The Court is in receipt of OpenAI’s motion for reconsideration, (ECF 742), 1 of my November 7, 2025, order directing OpenAI to produce the 20 million retained, de-identified consumer ChatGPT output logs (the…
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OpenAI asks Judge Stein to stay Magistrate Judge Wang’s order finding OpenAI waived attorney client privilege
Read more: OpenAI asks Judge Stein to stay Magistrate Judge Wang’s order finding OpenAI waived attorney client privilegeThe stakes are high. Following its motion for a stay filed with Magistrate Judge Wang, apparently still pending, OpenAI find another motion, this time with Judge Stein, to stay Magistrate Judge Wang’s order finding that OpenAI waived its attorney client privilege as to communications related to Books 1 and 2 datasets. DOWNLOAD THE MOTION Related…
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Magistrate Judge’s opinion finding OpenAI waived attorney-client privilege ignores Supreme Court, 2d Circuit precedent
Read more: Magistrate Judge’s opinion finding OpenAI waived attorney-client privilege ignores Supreme Court, 2d Circuit precedentThis article is the third in a series reviewing Magistrate Judge Wang’s controversial opinion finding that OpenAI waived its attorney-client privilege regarding the reasons OpenAI deleted Books 1, 2 datasets in 2022. For the first 2 reviews, click below. Today’s article will look more closely at the key Supreme Court precedents and Second Circuit precedents…
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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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OpenAI asks Magistrate Judge Wang to stay controversial ruling on waiver of attorney-client privilege as it appeals 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 SteinOpenAI 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.