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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.
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After OpenAI loses attorney-client privilege re: Books1, 2 datasets, ChatGPT says OpenAI’s position “is significantly weaker” and in “real danger” of liability.
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.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…
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Magistrate Judge Wang rules v. OpenAI again, holding waived attorney-client privilege re: deletion of Books1, Books2 datasets. Cold comfort to OpenAI: Judge finds no crime-fraud exception applies.
Read more: Magistrate Judge Wang rules v. OpenAI again, holding waived attorney-client privilege re: deletion of Books1, Books2 datasets. Cold comfort to OpenAI: Judge finds no crime-fraud exception applies.Add another major discovery loss to OpenAI before Magistrate Judge Wang. This one of the biggest. Judge Wang just issued an opinion finding that OpenAI waived its attorney-client privilege as to communications related to OpenAI’s deletion of the Books1 and Books2 datasets. OpenAI’s attorneys get to be deposed regarding their communications. Oh boy. Cold comfort:…
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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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Magistrate Judge Wang sticks to her order to OpenAI to produce 20 million de-identified consumer ChatGPT logs. But Judge is entertaining reconsideration.
Read more: Magistrate Judge Wang sticks to her order to OpenAI to produce 20 million de-identified consumer ChatGPT logs. But Judge is entertaining reconsideration.The controversial order of Magistrate Judge Ona Wang for OpenAI to produce 20 million de-identified consumer ChatGPT logs (or chats) continues in inflame OpenAI. Dane Stuckey, chief information security office, wrote a scathing criticism of the order as an invasion of privacy. Then, on Nov. 12, OpenAI filed a letter asking Judge Wang to reconsider.…
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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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Magistrate Judge Wang allows discovery related to OpenAI’s alleged use of Library Genesis, shadow library
Read more: Magistrate Judge Wang allows discovery related to OpenAI’s alleged use of Library Genesis, shadow libraryThe 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…