Category: New York Times v. Microsoft, 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
Magistrate Judge Wang resets deadlines in Authors Guild, New York Times suits v. OpenAI

As we reported earlier, Magistrate Judge Wang resolved a hornet’s nest of discovery disputes in the consolidated cases for book authors (Authors Guild) and newspapers (New York Times, Daily News). Judge Wang also reset the following deadlines: The deadline to amend the complaint for all cases is hereby EXTENDED to April 15, 2025. The parties…
Read more: Magistrate Judge Wang resets deadlines in Authors Guild, New York Times suits v. OpenAI
Magistrate Judge Wang issues order resolving many discovery disputes in Authors Guild, NYT lawsuits v. OpenAI

Magistrate Judge Ona Wang just issued her order resolving a hornet’s nest of discovery disputes in the Authors Guild and New York Times suits against OpenAI. This chart summarizes the disputes.
Read more: Magistrate Judge Wang issues order resolving many discovery disputes in Authors Guild, NYT lawsuits v. OpenAI
OpenAI to seek transfer of AI copyright cases to Multidistrict Litigation (MDL). MDL would oversee discovery and all pretrial proceedings, including summary judgment.

Robert Van Nest sent a letter to Judge Araceli Martínez-Olguín in the In re OpenAI ChatGPT Litigation indicating OpenAI’s intent to seek a transfer to the Multidistrict Litigation (MDL), which, if OpenAI’s petition is granted, would then oversee all 8 copyright-related lawsuits against OpenAI from the Northern District of California and the Southern District of…
Read more: OpenAI to seek transfer of AI copyright cases to Multidistrict Litigation (MDL). MDL would oversee discovery and all pretrial proceedings, including summary judgment.
Magistrate Judge Wang gives Book Authors, Newspapers discovery victory. California Labor Code § 980 does not bar discovery of social media messages on X.com

In a discovery victory for the Book Authors and the Newspapers that seek discovery of d OpenAI employees “direct messages sent on X.com belonging to certain employees who used their personal phones and X.com accounts for work purposes,” Magistrate Judge Ona Wang rejected one of the grounds asserted by OpenAI, that such social media messages…
Read more: Magistrate Judge Wang gives Book Authors, Newspapers discovery victory. California Labor Code § 980 does not bar discovery of social media messages on X.com
Magistrate Judge Wang denies OpenAI’s discovery motion in book authors cases re: fair use on same grounds as denial in New York Times lawsuit

On November 23, Magistrate Judge Ona Wang denied OpenAI’s motion to compel discovery of information relevant to New York Times’s own use of AI. Today, Judge Wang did the same in the lawsuits brought by book authors (including Authors Guild) against OpenAI and Microsoft. ORDER denying 232 Letter Motion for Local Rule 37.2 Conference. The…
Read more: Magistrate Judge Wang denies OpenAI’s discovery motion in book authors cases re: fair use on same grounds as denial in New York Times lawsuit