Archives

  • Judge Bibas issues opinion explaining certification of fair use, copyrightability issues for interlocutory appeal

    Judge Bibas issued an opinion today further explaining the reasons he granted Ross Intelligence’s request to certify two questions (on copyrighability of Westlaw headnotes and fair use in AI training) to the Third Circuit for interlocutory appeal. I expect the Third Circuit will grant it–and think they should. DOWNLOAD JUDGE BIBAS’S DECISION Read more

  • Judge Stein issues case management order for MDL suits v. OpenAI

    What a busy day it was. The first conference for the 13 lawsuits against OpenAI and Microsoft convened. Judge Stein appointed the leadership counsel for the newspaper cases, but asked the class plaintiffs (for the book authors’ suits) to select a single interim class counsel, contrary to their proposal for a committee approach. Wow, that Read more

  • Shira Perlmutter v. Todd Blanche, Donald Trump Complaint (PDF)

    Shira Perlmutter v. Todd Blanche, Donald Trump Complaint (PDF)

    Shira Perlmutter has sued Todd Blanche, Donald Trump, Paul Perkins, and others for her termination as the Register of Copyrights. The PDF of the complaint is below, along with the memorandum in support of their motion for a temporary restraining order. Here’s the theory of the case: The Librarian of Congress has the authority to Read more

  • Judge Alsup says he’s leaning to accept fair use by Anthropic. But cautions may change his mind.

    I wasn’t able to attend today’s hearing in San Francisco on Anthropic’s motion for summary judgment on fair use in Bartz v. Anthropic. So, please take my assessment with a grain of sale. Also remember that it’s risky, if not foolish, to predict how a judge will rule based on an oral argument. But, based Read more

  • Unpacking the MDL cases v. OpenAI, Microsoft

    Here are the Exhibits to the filing for the OpenAI MDL Litigation. They provide helpful charts summarizing the parties involved. Today, Judge Sidney Stein holds the Initial Case Management conference. How many lawyers do you think they can fit into the courtroom? We shall see. I’m pretty certain a human created these informative charts, not Read more

  • Anthropic hearing on fair use today in SF. OpenAI MDL litigation conference in NY.

    Today, there are two big hearings, both in-person: May 22, 2025 In re OpenAI Copyright Infringement Litigation: Initial Case Management Conference scheduled for May 22, 2025, at 10:00 am ET in New York City before Judge Sidney Stein. Bartz v. Anthropic: summary judgment motion on fair use, 12:00 PM PT in San Francisco, Courtroom 12, Read more