Chat GPT Is Eating the World

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Midjourney files Answer to Disney suit: stresses role of users in generating outputs and Disney’s failure to use DMCA notice and takedown

In its Answer, Midjourney not only questions Disney’s simultaneous use of Midjourney (through “many dozens of … Plaintiffs’ corporate email addresses” used as subscribers of Midjourney) and filing a lawsuit against Midjourney, but also highlights the role of users in generating outputs on Midjourney (for which the company is not directly responsible for outside of…
Read more: Midjourney files Answer to Disney suit: stresses role of users in generating outputs and Disney’s failure to use DMCA notice and takedown
Dow Jones, Perplexity file proposed scheduling order with close of discovery on Sept. 2, 2026

The Dow Jones’ lawsuit against Perplexity is picking up steam. In addition to a stipulated confidentiality and protective order, and document production protocol, the parties filed a proposed Civil Case Management Plan and Scheduling Order. Although no trial date is mentioned, the proposed end of expert discovery is Sept. 2, 2026.
Read more: Dow Jones, Perplexity file proposed scheduling order with close of discovery on Sept. 2, 2026
Judge Cisneros allows book authors in Mosaic lawsuit to subpoena Microsoft for ” its communications with and documents regarding entities with which it entered licensing agreements for AI Training Data, where the communications or documents indicate potential or proposed terems for licensing”

In In Re Mosaic LLM Litigation, Magistrate Judge Lisa Cisneros issued an important discovery ruling allowing the book author plaintiffs to subpoena Microsoft’s documents and communications that “indicate potential or proposed terms for licensing.” Microsoft had already produced the actual licenses it struck with 14 or 15 copyright owners. Although Judge Cisneros rejected the full…
Read more: Judge Cisneros allows book authors in Mosaic lawsuit to subpoena Microsoft for ” its communications with and documents regarding entities with which it entered licensing agreements for AI Training Data, where the communications or documents indicate potential or proposed terems for licensing”
Judge Alsup asks if Anthropic has given up a defense based on reliance of counsel presumably related to pirated books

Judge Alsup has asked the parties to let him know by 5 pm today whether Anthropic has given up the potential defense of reliance an advice of counsel. Great question. Presumably, this advice of counsel defense would relate to Anthropic’s conduct in downloading copies of pirated books from shadow libraries online — and help to…
Read more: Judge Alsup asks if Anthropic has given up a defense based on reliance of counsel presumably related to pirated books
Kadrey, Meta disagree on how to proceed after Judge Chhabria’s partial summary judgment. Kadrey wants supplemental briefing on Meta’s alleged uploading of book copies. Meta wants partial final judgment.

In Kadrey v. Meta, the parties filed their statements on how they believe Judge Chhabria should proceed. There’s one outstanding item left in the case related to the alleged infringement by Meta in uploading copies of pirated books (leeching) during the process of torrenting them (including downloading) from shadow libraries. As Judge Chhabria ruled in…
Read more: Kadrey, Meta disagree on how to proceed after Judge Chhabria’s partial summary judgment. Kadrey wants supplemental briefing on Meta’s alleged uploading of book copies. Meta wants partial final judgment.
Comparing Judge Alsup and Judge Chhabria’s fair use decisions in Anthropic, Meta cases

Below we compare and contrast the two decisions in Bartz v. Anthropic and Kadrey v. Meta. The key differences are indicated by an asterisk*. Table. Comparison of Judge Alsup’s and Judge Chhabria’s decisions on fair use Fair Use Factor Judge Alsup (Bartz v. Anthropic) Judge Chhabria (Kadrey v. Meta) Is downloading “pirated” books datasets separate…
Read more: Comparing Judge Alsup and Judge Chhabria’s fair use decisions in Anthropic, Meta cases
Anthropic files supplemental brief to answer Judge Alsup’s question on non-class member suing for same copyrighted work

Anthropic filed a supplemental brief in response to a question Judge Alsup apparently asked during the hearing on the motion of Bartz for class certification. Question: Is there case law on the effect on Anthropic if one legal or beneficial owner of a copyright in a work is included in one of the proposed classes…
Read more: Anthropic files supplemental brief to answer Judge Alsup’s question on non-class member suing for same copyrighted work
Anthropic’s attorney from Latham: fictitious source was “an honest mistake” due to Latham’s using Claude to format the citations.

Ivana Dukanovic, an associate from Latham & Watkins, the attorney for Anthropic in the lawsuit filed by Concord Music, is taking the blame for the erroneous citation of an article that does not exist, to support the analysis of Anthropic’s own data scientist, Olivia Chen. That article was cited as [bold added to indicate the…
Read more: Anthropic’s attorney from Latham: fictitious source was “an honest mistake” due to Latham’s using Claude to format the citations.
Anthropic files Reply to support its motion for summary judgment on fair use v. Bartz book authors’ suit

Anthropic filed its reply to support its motion for summary judgment on fair use in Bartz v. Anthropic. Excerpts: DOWNLOAD ANTHROPIC’S REPLY BRIEF Related Stories
Read more: Anthropic files Reply to support its motion for summary judgment on fair use v. Bartz book authors’ suit
Meta forecasts AI will rake in $460B to $1.4 trillion in revenues for Meta by 2035. Should that affect fair use analysis?

By 5 PM today, the parties in Kadrey v. Meta filed unsealed summary judgment briefs at least to certain information that Judge Chhabria ruled must be disclosed. Let’s take a look at what was disclosed in the plaintiffs’ briefs related to Meta’s financial information. 1. Meta predicts its AI will generate $460 billion to $1.4…
Read more: Meta forecasts AI will rake in $460B to $1.4 trillion in revenues for Meta by 2035. Should that affect fair use analysis?