Category: Uncategorized

Judge Bibas rejects fair use defense in AI training; grants summary judgment to Thomson Reuters (PDF)

Judge Bibas rejects fair use defense of ROSS Intelligence and grants summary judgment on infringement (partially) to Thomson Reuters. Stunning change from his prior opinion in 2023. In the prior opinion, Judge Bibas recognized a distinction between transformative intermediate copying to learn how to produce judicial opinion quotes versus copying to recreate Westlaw’s creative drafting: …
Read more: Judge Bibas rejects fair use defense in AI training; grants summary judgment to Thomson Reuters (PDF)
Judge Saylor IV issues scheduling order in UMG Recordings v. Suno

Clerk’s Notes for Status Conference held by telephone before Chief Judge F. Dennis Saylor, IV: Court will enter the Proposed Stipulated Source Code Protocol 56 . Parties request to amend the Scheduling Order in place and Court grants an additional 42 days. AMENDED SCHEDULING ORDER ENTERED: Written discovery (requests for production of documents, interrogatories and…
Read more: Judge Saylor IV issues scheduling order in UMG Recordings v. Suno
Hearing today before Judge Chhabria on Kadrey plaintiffs’ motion to add DMCA and CA state law claims v. Meta after Mark Zuckerberg deposition

Today, Jan. 9, 2025, at 10 AM PDT, Judge Chhabria holds an important hearing on the Kadrey (book authors’) plaintiffs motion for leave to file a Third Amended Complaint to add, again, a DMCA CMI claim and a claim under the California Comprehensive Computer Data Access and Fraud Act (CDAFA) Section 502. The Kadrey plaintiffs…
Read more: Hearing today before Judge Chhabria on Kadrey plaintiffs’ motion to add DMCA and CA state law claims v. Meta after Mark Zuckerberg deposition
Meta opposes Kadrey plaintiffs’ motion to file 3rd Amended Complaint

Meta opposes the book authors Kadrey plaintiffs’ motion for leave to file a Third Amended Complaint. Writes Meta: Plaintiffs’ Motion for Leave to File Third Amended Consolidated Complaint (“TACC”)(Dkt. 300) (“Motion”), should be denied. Fact discovery closes in two days. Yet, on the eve ofThanksgiving and without prior notice, Plaintiffs filed a motion to amend…
Read more: Meta opposes Kadrey plaintiffs’ motion to file 3rd Amended Complaint
Judge Bibas provides guidance on fair use and other issues for summary judgment hearing on December 5

Judge Bibas just issued an order providing guidance for the fair use and other issues to be discussed on December 5 at the hearing for summary judgment motions. ORDER: ORAL ORDER: The summary judgment hearing will be held beginning at 10 a.m. EST on December 5, 2024, in the James A. Byrne U.S. Courthouse, Courtroom…
Read more: Judge Bibas provides guidance on fair use and other issues for summary judgment hearing on December 5
Asian News International (ANI) sues OpenAI for copyright infringement in India

OpenAI is being sued for copyright infringement yet again. This time by the Asian News International (ANI) in India in a New Delhi court. As the Hindu Business Online reports, “The news agency is seeking initial damages of ₹20 million ($236,910), its lawyer Sidhant Kumar said.” From the report, ANI asserts infringement by OpenAI’s alleged…
Read more: Asian News International (ANI) sues OpenAI for copyright infringement in India
Elon Musk adds Microsoft to suit against Sam Altman, OpenAI, and antitrust claims

Elon Musk, who once was a big investor in OpenAI in its early formation, has filed a first amended complaint against the company, its founder Sam Altman, and Gregory Bockman, which now has added Microsoft as a defendant and antitrust claims for alleged efforts by OpenAI to discourage funders from backing “actively trying to eliminate…
Read more: Elon Musk adds Microsoft to suit against Sam Altman, OpenAI, and antitrust claims
Sarah Andersen plaintiffs file 2d amended complaint, which still includes DMCA CMI claims dismissed by Judge Orrick

The Second Amended Complaint filed by Sarah Andersen removes the dismissed unjust enrichment and breach of contract claims. But it still includes the DMCA CMI claims that Judge Orrick dismissed with prejudice (see order below). Apparently, as noted in the joint case management statement of the parties, in light of “Judge Tigar has certified that…
Read more: Sarah Andersen plaintiffs file 2d amended complaint, which still includes DMCA CMI claims dismissed by Judge Orrick
Judge Chhabria consolidates Kadrey, Farnsworth suits v. Meta. David Boies firm lead counsel, Lieff Cabraser as additional counsel.

Judge Chhabria granted the motion to consolidate the two book author lawsuits against Meta Platforms, Kadrey v. Meta and the recently filed Farnsworth v. Meta. David Boies’s firm is appointed interim lead counsel with Lieff Cabraser Heimann & Bernstein serving as additional counsel. Somewhat unclear what role the Joseph Saveri Law Firm, which had originally…
Read more: Judge Chhabria consolidates Kadrey, Farnsworth suits v. Meta. David Boies firm lead counsel, Lieff Cabraser as additional counsel.
ROSS Intelligence, Thomson Reuters briefs on fair use. Download PDFs.

In Thomson Reuters v. ROSS Intelligence, a case involving the latter’s AI model for legal decisions, the parties filed their respective motions of summary judgment. Probably the key issue will involve whether ROSS’s use of some of Thomson Reuter’s copyrighted headnotes for uncopyrightable judicial decisions is a fair use. Of course, the parties have diametrically…
Read more: ROSS Intelligence, Thomson Reuters briefs on fair use. Download PDFs.