New York Times v. Microsoft, OpenAI – Page 3 – Chat GPT Is Eating the World

Status of all 39 copyright lawsuits v. AI (Feb. 18, 2025): Judge Bibas rejects fair use in AI training in stunning reversal.

It’s been a hot minute since our last update. Here’s the latest on all 39 copyright lawsuits against AI companies. New cases Significant rulings Upcoming Hearings Visit our Master List of all copyright cases with attorneys and claims listed. Case name Jurisdiction Judge Latest status Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence…
Read more: Status of all 39 copyright lawsuits v. AI (Feb. 18, 2025): Judge Bibas rejects fair use in AI training in stunning reversal.
New York Times, OpenAI, Microsoft try to hammer out deposition coordination, other discovery disputes

The parties in the consolidated newspaper lawsuits against OpenAI and Microsoft asked Magistrate Judge Wang to hold a settlement conference to facilitate an arrangement for coordinated depositions of witnesses, including in the book authors’ consolidated lawsuits and lawsuits in California. They say they are close to reaching an arrangement. They also filed a master chart…
Read more: New York Times, OpenAI, Microsoft try to hammer out deposition coordination, other discovery disputes
Judge Stein orders Microsoft to file FRCP 5.1(a)(2) notice of constitutional challenge to NY law as applied in Daily News lawsuit

Judge Stein ordered Microsoft to file a notice of a constitutional challenge pursuant to Federal Rule of Civil Procedure 5.1(a)(1)(B). Microsoft had taken the position that it wasn’t required, but said it would promptly do so if Judge Stein disagreed.
Read more: Judge Stein orders Microsoft to file FRCP 5.1(a)(2) notice of constitutional challenge to NY law as applied in Daily News lawsuit
OpenAI cites Magistrate Judge’s discovery order, limits to Magistrate Judge Wang in Authors Guild, New York Times suits

Fascinating to see the AI lawsuits being litigated simultaneously in Northern District of California and the Southern District of New York. OpenAI got a favorable discovery ruling from Magistrate Judge Illman in the In re OpenAI ChatGPT Litigation and is using it as relevant authority in a letter to Magistrate Judge Wang.
Read more: OpenAI cites Magistrate Judge’s discovery order, limits to Magistrate Judge Wang in Authors Guild, New York Times suits
Magistrate Judge Ona Wang deluged with motions to compel discovery in Authors Guild, New York Times lawsuits v. OpenAI

Magistrate Judge Ona Wang is overseeing discovery in the consolidated AI lawsuits involving the book authors (Authors Guild et al.) and the newspapers (New York Times, Daily News et al. and Center for Investigative Reporting). In the past couple of days, Magistrate Judge Wang has been deluged with motions to compel discovery and joint letters…
Read more: Magistrate Judge Ona Wang deluged with motions to compel discovery in Authors Guild, New York Times lawsuits v. OpenAI
Judge Stein allows public listening via online audio of oral argument re: OpenAI, Microsoft’s motion to dismiss some of New York Times claims on Jan. 14, 10:30 AM EDT

Great news! Judge Sydney Stein issued an order allowing public listening via online audio of the oral argument regarding OpenAI’s and Microsoft’s motions to dismiss some of the New York Times’ claims on Jan. 14, 2025, 10:30 AM, in Courtroom 23A. The court’s order states: “IT IS HEREBY ORDERED that any person who wishes to listen-in…
Read more: Judge Stein allows public listening via online audio of oral argument re: OpenAI, Microsoft’s motion to dismiss some of New York Times claims on Jan. 14, 10:30 AM EDT
Magistrate Judge Wang grants sealing of exhibits that contain business information and “Confidential” communications under protective order

In contrast with Judge Chhabria’s public rebuke of Meta’s sealing request as “preposterous” in Kadrey v. Meta, Magistrate Judge Wang granted all 25 motions to seal various exhibits and references to content in the exhibits made in the parties’ briefing and declarations. Some of the motions were jointly filed, while none were opposed by opposing…
Read more: Magistrate Judge Wang grants sealing of exhibits that contain business information and “Confidential” communications under protective order
Copyright Clearance Center memo to New York Times re: CCC’s plan to offer rightsholders ability to license for AI training should remain under seal

It looks the parties in the New York Times v. OpenAI lawsuit agree that a memo and an email that the Copyright Clearance Center sent to the New York Times should remain under seal. They are exhibits to OpenAI’s motion. You can learn more about CCC’s AI licensing program here. Said the New York Times:…
Read more: Copyright Clearance Center memo to New York Times re: CCC’s plan to offer rightsholders ability to license for AI training should remain under seal
Judge Stein sets oral argument for Jan. 14, 2025 in NYT, Daily News, Center for Investigative Reporting suits v. OpenAI, Microsoft

Judge Sydney Stein has set Jan. 14, 2025, 10:30 AM, in Courtroom 23A for oral argument on OpenAI’s and Microsoft’s motions to dismiss most of the claims, including the DMCA CMI claims and state law claims, in the lawsuits brought by New York Times, Daily News, and the Center for Investigative Reporting. Motion to dismiss…
Read more: Judge Stein sets oral argument for Jan. 14, 2025 in NYT, Daily News, Center for Investigative Reporting suits v. OpenAI, Microsoft
OpenAI, Microsoft object to Mag. Judge Wang’s denial of discovery in Authors Guild, New York Times suits

OpenAI sought from the New York Times information related to “(1) the Times’s use of nonparties’ generative artificial intelligence (“Gen AI”) tools; (2) the Times’s creation and use of its own Gen AI products; and (3) the Times’s position regarding Gen AI (e.g., positions expressed outside of litigation, knowledge about the training of third-party Gen…
Read more: OpenAI, Microsoft object to Mag. Judge Wang’s denial of discovery in Authors Guild, New York Times suits

Category: New York Times v. Microsoft, OpenAI