[February 2025] Artificial Intelligence Lawsuit Tracking

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Table Of Contents πŸ‘‰

[February 2025]: Updates Related To AI Lawsuits

Artificial Intelligence Lawsuit Tracking (February 2025)

[Feb 28, 2025] Eleven Labs’ Motion for Case Transfer to SDNY

Eleven Labs Inc. vs Karissa Vacker, Mark Boyett, Brian Larson, Iron Tower Press, Inc., and Vaughn Heppner

The case argues that Delaware lacks connections to the case, emphasizing convenience for parties and legal considerations, and asserts that most relevant activities occurred in New York.

Details:

πŸ‘‰ Eleven Labs Reply

[Feb 28, 2025] Kadrey v. Meta: Judge Chhabria Rejects Crime-Fraud Claims, Critiques Plaintiffs’ Attorney Rhetoric, and Gives A Win Sign to Meta Against Immediate Legal Threats

In Kadrey v. Meta, Judge Chhabria criticized plaintiffs’ attorney Joseph Saveri, leading to David Boies taking over. The judge rejected claims of criminal activity against Meta, rebuked Boies partner Maxwell Pritt for excessive rhetoric, and expressed skepticism about the plaintiffs’ DMCA claim, easing immediate legal threats for Meta.

Details:

πŸ‘‰ β€œI’ll take this opportunity to say that I’ve reviewed all of the documents submitted in camera, and I did not see any evidence of Meta using its lawyers to facilitate a crime. So the crime-fraud issue is over.” – Judge Chhabria

πŸ‘‰ β€œThe rhetoric that you’ve [the Plaintiffs’ attorney] been using in these hearings and in the letters are, on a scale of one to ten, they are an eleven. You need to dial it back to like a three, because you’re you’re going to lose your credibility very quick, to the extent you haven’t already.” – Judge Chhabria

[Feb 27, 2025] Intercept vs OpenAI Order Rescheduled

Judge Rakoff establishes timeline for The Intercept versus OpenAI.

The case will be tried to a jury, with key deadlines including joinder of parties and amended pleadings by April 18, 2025. Expert testimony disclosures are due by July 2 and July 30, 2025. A final pre-trial conference is set for October 8, 2025, at 2 PM.

Details:

πŸ‘‰ OpenAI vs Intercept Official Order

[Feb 26, 2025] Meta Submits 15 Additional Documents for In-Camera Review to Judge Chhabria in Kadrey Copyright Case Amid Crime-Fraud Exception Inquiry

As ordered by Judge Chhabria, Meta submitted 15 more documents for the judge’s in-camera examination to assess whether the crime-fraud exception to attorney-client privilege is applicable. Stay tuned for an upcoming decision.

Details:

πŸ‘‰ Meta submits 15 additional documents for in-camera review

[Feb 25, 2025] Kadrey v. Meta: Judge Chhabria Orders Submission of 15 Additional Attorney-Client Privileged Documents for In-Camera Review Amid Crime-Fraud Exception Concerns

In Kadrey v. Meta, Judge Chhabria ordered Meta to submit 15 additional attorney-client privileged documents for in-camera review to assess their relevance to the crime-fraud exception. He also urged Meta to reconsider the privilege of previously withheld documents and prepare for discussions at an upcoming hearing.

Details:

πŸ‘‰ ORDER. Meta is ordered to submit for in camera review the seven documents identified in the appendix to the plaintiffs’ 418 first supplemental letter and the eight redacted documents identified in the appendix to the plaintiffs’ 429 second supplemental letter. Meta is ordered to deliver the documents on a flash drive to chambers by 10:00 a.m. tomorrow, Wednesday, February 26. Signed by Judge Vince Chhabria on 2/25/2025.

[Feb 25, 2025] Judge Alsup Modifies Scheduling Order in Anthropic Case: Simultaneous Deadlines for Class Certification and Fair Use Summary Judgment Motion Set for March 27, 2025

Judge Alsup partially granted Anthropic’s request to alter the scheduling order but mandated simultaneous deadlines for the class certification and fair use summary judgment motions, both due on March 27, 2025. He warned that violations of the discovery agreement could jeopardize Anthropic’s right to file the summary judgment motion.

[Feb 25, 2025] Over 1,000 UK Musicians Release Silent Album to Protest Government AI Copyright Plan

Over 1,000 UK artists, including Annie Lennox and Kate Bush, protested a government proposal allowing AI training on copyrighted works. They released a Silent Album and signed a letter condemning the plan as a threat to creators’ rights, urging protection for the UK’s copyright system against Big Tech exploitation.

Details:

πŸ‘‰ Protecting UK’s creative copyright against AI

[Feb 24, 2025] Tremblay Book Authors and Authors Guild vs. OpenAI and Microsoft: Motion to Compel Deposition of Dario Amodei

The Tremblay book authors and Authors Guild are seeking to compel Dario Amodei’s deposition in their lawsuits against OpenAI and Microsoft. Amodei, who was the director of research at OpenAI during the development of GPT-2 and GPT-3, now leads rival company Anthropic.

Details:

πŸ‘‰ Plaintiffs reply to Dario Amodei

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[Feb 24, 2025] Vacker Cites Judge Rakoff’s Decision on CMI Claim: Implications for Copyright and AI Development

This case discusses Vacker citing Judge Rakoff’s decision on a DMCA CMI claim in the ongoing AI copyright litigation. The ruling supports claims for the intentional removal of copyright management information, particularly referencing The Intercept v. OpenAI case. Subscription is required for full access to the content.

Details:

πŸ‘‰ Vacker Cites Judge Rakoff’s Decision on CMI Claim

[Feb 24, 2025] Judge Wu Grants Extension for Tesla, Elon Musk, and Warner to Respond to Plaintiff’s First Amended Complaint, New Deadline Set for March 6, 2025

Judge Wu approved an extension for Tesla, Elon Musk, and Warner to respond to the Plaintiff’s First Amended Complaint, moving the deadline from February 27, 2025, to March 6, 2025. Previous motions to dismiss the original complaint were vacated due to the filing of the amended complaint.

Details:

πŸ‘‰ Judge Wu Grants Extension for Tesla, Elon Musk, and Warner

[Feb 22, 2025] Judge Rakoff’s Opinion Creates Split in Southern District of New York on Article III Injury; Cited by Kadrey and New York Times in DMCA CMI Claims

Judge Jed Rakoff published a significant opinion that challenges OpenAI’s stance on Article III injury, diverging from Judge Colleen McMahon’s earlier ruling in Raw Story Media v. OpenAI.

This disagreement creates a split in authority within the Southern District of New York, which may escalate to a circuit split, prompting U.S. Supreme Court review.

Following Rakoff’s ruling, the authors involved in the Kadrey v. Meta case and the New York Times in the consolidated New York Times v. Microsoft cases have referenced his decision to bolster their DMCA claims under 17 U.S.C. Β§ 1202(b)(1).

[Feb 21, 2025] Judge Alsup to Hear Arguments on Changing Scheduling Order to Address Fair Use Before Class Certification in Bartz v. Anthropic

In a putative class action for copyright infringement, plaintiffs filed a discovery letter to compel production before class certification. The Court ordered a response from the defendant, who subsequently requested a case management conference to prioritize the fair use defense. Plaintiffs must respond by 8:00 PM on February 24, 2025.

Details:

πŸ‘‰ Bartz v. Anthropic Arguments Hearing

[Feb 21, 2025] Google Submits Replies Supporting Motion to Dismiss and Strike Class in In re Google Generative AI Copyright Litigation

Google submitted its responses backing its motion to dismiss and its motion to eliminate the class allegations in the case of In re Google Generative AI Litigation.

Details:

πŸ‘‰ Google Reply in supp MTD

πŸ‘‰ Google reply in supp motion to strike class

[Feb 21, 2025] Millette Plaintiffs’ Non-Opposition to Dismissal of State Law Claims Against Google, Leaving Copyright Claim Intact, with Similar Strategy Anticipated in Case Against NVIDIA

The Millette plaintiffs did not oppose the dismissal of their state law claims against Google, similar to their stance in the OpenAI case. This action leaves only the copyright claim active. A similar approach is expected in Millette’s upcoming case against NVIDIA.

Details:

πŸ‘‰ Claim Official Doc

πŸ‘‰ Millette’s declaration of non-opposition to the motion to dismiss in the Google case

[Feb 21, 2025] Nazemian and Dubus Suits Against NVIDIA Referred to Magistrate Judge Sallie Kim for Discovery Proceedings

The case is assigned to Magistrate Judge Sallie Kim for discovery. Parties must follow her Standing Order, available online. Discovery disputes require a joint letter brief after meeting and conferring. Previously filed motions are denied without prejudice. A compliance statement is needed within three days to proceed.

Details:

πŸ‘‰ Nazemian, Dubus vs NVIDIA

[Feb 20, 2025] Judge Bibas Schedules Pretrial Conference for Thomson Reuters v. ROSS Intelligence on April 9, 2025, Requires Joint Stipulation by March 6 (Feb 20, 2025)

Judge Stephanos Bibas has scheduled a pretrial conference for the case Thomson Reuters v. ROSS Intelligence on April 9, 2025, at 9 a.m. EDT in Wilmington, Delaware. The parties must confer and submit a joint stipulation for pretrial deadlines by March 6, 2025, at 5 p.m. EST. – Signed by Judge Stephanos Bibas on 02/20/2025

[Feb 20, 2025] Bartz v. Anthropic: Legal Dispute Over Scheduling Order Changes and Fair Use Determination Prior to Class Certification

Judge Alsup is conducting a hearing today to evaluate Anthropic’s request to modify the scheduling order in order to address fair use prior to any class certification. This seems like a reasonable approach, but we will need to wait for Judge Alsup’s decision, as he reportedly opposed it initially.

Details:

πŸ‘‰ Anthropic’s request to modify the schedule in order to evaluate fair use prior to class certification

πŸ‘‰ Bartz object to the modification of the scheduling order

[Feb 13, 2025] Cohere Sued By Multimedia Companies

Cohere sued by Advance Local Media LLC, Advance Magazine Publishers Inc. d/b/a Conde Nast, Forbes Media LLC, Guardian News & Media Limited, Insider, Inc., Los Angeles Times Communications LLC, Newsday, LLC, Plain Dealer Publishing Co., Politico LLC, The Atlantic Monthly Group LLC, The McClatchy Company, LLC, The Republican Company, Toronto Star Newspapers Limited, and Vox Media, LLC

The lawsuit “Advance Local Media LLC v. Cohere Inc.” alleges copyright and trademark infringement by Cohere, which uses publishers’ content without permission to train its AI models. Plaintiffs seek damages and an injunction to stop Cohere’s practices, claiming significant financial and reputational harm to their businesses.

Details:

πŸ‘‰ Advance Local Media LLC v. Cohere Inc. (Conde Nast suit)

πŸ‘‰ Exhibit A – Works in Suit

πŸ‘‰ Exhibit B – Copyright Infringement

πŸ‘‰ Exhibit C – Trademarks

πŸ‘‰ Exhibit D – Trademark Infringement

[Feb 13, 2025] AI-Generated Art Receives Copyright Registration

The U.S. Copyright Office has approved a registration for a visual collage made up of AI-generated elements. The creator of the artwork remains unnamed, and the piece is called β€œA Collection of Non-Existent Objects.”

This work is categorized as β€œ2-D artwork, images produced by artificial intelligence” based on its β€œcollage, selection, and arrangement.”

This marks the second time an AI-generated visual artwork has been registered by the Copyright Office. The first piece, titled β€œA Single Piece of American Cheese,” was not a collage but was also registered due to the selection, coordination, or arrangement of AI-generated components.

Details:

πŸ‘‰ Learn More From Here

[Feb 13, 2025] Meta informs Judge Chhabria about the 18,000 documents that were overlooked

Meta’s legal team has been working diligently to review and produce documents for the plaintiffs, specifically the authors of the Kadrey book, from a batch of 18,000 documents that were previously missed.

  • Monday: Meta released 827 documents, with 356 being relevant to the plaintiffs’ requests, including 23 in French.
  • Tuesday: Another 487 documents were shared, with 194 relevant, including 27 in French. There were also 99 redacted documents and 67 fully withheld due to privilege.
  • Wednesday: Meta plans to produce 34 more documents, including 3 in French and several related to previously withheld documents.

Meta clarified that about 3,200 documents were already provided to the plaintiffs, and 3,400 were previously deemed non-responsive. The remaining 11,000 documents are under review.

Judge Chhabria has scheduled a hearing for February 27, 2025, to discuss this discovery issue, indicating he may not reopen the discovery process as requested by the plaintiffs.

Details:

πŸ‘‰ Meta Letter Update 18000 documents

πŸ‘‰ Lighthouse declaration

[Feb 12, 2025] United States Copyright Office Releases Report on AI’s Economic Impact On Copyright Policies

The U.S. Copyright Office has released a report, edited by Brent Lutes, exploring the economic implications of artificial intelligence (AI) on copyright policy.

Key Points:

  • Purpose: Identifies economic questions at the intersection of AI and copyright.
  • Copyright Basics: Balances creator incentives with public access.
  • AI’s Role: Differentiates between human and AI-generated content.
  • Commercial Use: Examines AI’s impact on personal identifiers.
  • Training Data: Discusses access challenges for AI developers.

The report calls for updated policies and further research to address AI’s effects on the creative industry.

Details:

πŸ‘‰ Policy Report PDF

[Feb 12, 2025] Concord Music References Judge Bibas’s Fair Use Ruling

Concord Music publishers are seeking to inform Judge Lee about Judge Bibas’s recent decision against ROSS Intelligence’s fair use defense for its non-generative AI model. Anthropic is opposing this motion. While Judge Lee will review it, there’s no guarantee she will agree with the reasoning.

Details:

πŸ‘‰ Concord request for permission to reference the Thomson Reuters ruling.

πŸ‘‰ Anthropic opposition

[Feb 12, 2025] Google and NVIDIA Seek to Dismiss Millette’s State Claims (Feb 12, 2025)

Google and NVIDIA have filed motions to dismiss the state law claims made by Millette, a YouTube creator. Millette did not oppose a similar motion in a past lawsuit against OpenAI, so it’s likely they won’t contest this one either. This would leave only the federal copyright infringement claims in all three lawsuits.

Details:

πŸ‘‰ Google MTD Millette complaint

πŸ‘‰ NIVIDA MTD Millette state law claims

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[Feb 12, 2025] Bartz and Anthropic Request Ruling on Training Data Discovery

Bartz and Anthropic are asking for a decision regarding the investigation into the data used for training their models.

Details:

πŸ‘‰ Bard vs Anthropic

[Feb 11, 2025] Kadrey Plaintiffs Challenge Meta’s Dismissal Request

The plaintiffs in the Kadrey lawsuit are challenging Meta’s request to dismiss the case. They want to continue pursuing their claims and are encouraging others to subscribe for more updates.

Details:

πŸ‘‰ Kadrey vs Meta

[Feb 11, 2025] Judge Rules Against ROSS Intelligence’s Fair Use Claim in Case with Thomson Reuters

Judge Bibas has decided that ROSS Intelligence cannot use the fair use defense in its case against Thomson Reuters.

He partially granted a ruling in favor of Thomson Reuters, stating that ROSS’s copying was not necessary for its purpose.

This marks a significant shift from his earlier opinion, where he suggested that ROSS’s actions could be considered transformative. The judge clarified that ROSS’s copying did not meet the requirements for fair use.

Details:

πŸ‘‰ Judge Bibas SJ Issues Order Denying Fair Use Defense

πŸ‘‰ Judge Bibas SJ Order

[Feb 8, 2025] Judge Chhabria to Address Meta’s Document Issues at February 27 Hearing

Judge Chhabria has ordered that the issue of Meta’s accidental mishandling of documents will be discussed during the hearing on February 27 regarding Meta’s request to dismiss the case.

This decision appears to favor Meta for now, as the plaintiffs had asked for more extensive actions, including the immediate release of 18,000 documents and permission to investigate claims of Meta’s copyright violations.

However, the judge did not schedule an immediate meeting and wants to keep the timeline for summary judgment on track, which may reduce the likelihood of reopening discovery unless serious issues arise from the documents Meta provides.

Details:

πŸ‘‰ Kadrey Plaintiffs’ Response to Meta Discovery Letter

[Feb 8, 2025] Cancel Culture Filed Lawsuit Against Christie’s AI Auction

Cancel Culture (Group Of 5,000 Artists) Write Open Letter Demanding the Cancellation of Christie’s AI Auction

An open letter from 6,474 artists to Christie’s expresses concern over an upcoming AI art auction. They accuse AI models of using copyrighted works without permission, exploiting human artists, and harming their livelihoods. The artists demanded the cancellation of the auction to respect human creativity and artistry.

Details:

πŸ‘‰ Open Letter PDF

πŸ‘‰ AI artworks from the artists

[Feb 7, 2025] Millette Plaintiffs Drop State Claims Against OpenAI

The Millette plaintiffs, who create YouTube videos, have decided not to fight against OpenAI’s request to dismiss their state law claims.

Initially, they only filed state law claims but later added a copyright claim after obtaining copyright registrations. Now, the case will focus solely on the federal copyright claim.

Details:

πŸ‘‰ Plaintiffs nonopposition to motion to dismiss state law claims by OpenAI

πŸ‘‰ OpenAI motion to dismiss

[Feb 7, 2025] Plaintiffs Challenge Google’s Dismissal and Class Allegation Motions in AI Case

The plaintiffs in the consolidated Google Generative AI lawsuit have officially opposed Google’s request to dismiss the case.

They also challenged Google’s motions for judicial notice and to remove class allegations. Several documents related to these oppositions are available for download.

Details:

πŸ‘‰ Plaintiffs’ Opposition to Google’s Motion to Dismiss

πŸ‘‰ Plaintiffs’ Opposition to Google’s Motion for Judicial Notice

πŸ‘‰ Plaintiffs’ Opposition to Google’s Motion to Strike Class Allegations

[Feb 6, 2025] Kadrey Plaintiffs Request Court to Examine 7 Additional Meta Documents for Potential Misconduct

The David Boies law firm has informed Judge Chhabria about seven more Meta documents that may indicate attorney involvement in illegal activities.

Judge Chhabria has previously ordered a review of certain documents related to this case. The exact number of documents is unclear since they are sealed.

If the judge determines that the crime-fraud exception applies, the attorney-client privilege could be waived, making these documents potentially damaging in court.

Details:

πŸ‘‰ Kadrey, et al v. Meta Platforms, Inc

[Feb 6, 2025] Judge Links Authors Guild Case to OpenAI Litigation Involving Anthropic Founders

Judge Araceli Martinez-Olguin has ruled that the Authors Guild’s lawsuit to compel testimony from Benjamin Man and Dario Amodei, co-founders of Anthropic, is connected to the ongoing OpenAI ChatGPT litigation she oversees. This decision highlights the legal complexities surrounding the case.

Details:

πŸ‘‰ Case order

[Feb 5, 2025] Judge Lee Sets New Date for Case Management Meeting on March 12 in Music Publishers vs. Anthropic

A notice has been issued to reschedule the case management conference for the music publishers’ lawsuit against Anthropic.

The meeting will take place on March 12, 2025, at 1:30 PM PT via Zoom. Participants must submit a list of names and emails for court identification by March 10, 2025. Recording or sharing the proceedings is strictly prohibited.

[Feb 5, 2025] Benjamin Mann’s Hearing to Challenge Subpoena Moved to February 11

Benjamin Mann, co-founder of Anthropic and former OpenAI employee, has rescheduled his hearing regarding a subpoena for his deposition due to a change in his legal representation. The court has set the new date for the hearing on his motion to quash the subpoena to February 11, 2025.

[Feb 5, 2025] Judge Schedules Hearing on ElevenLabs’ Request to Move Case to New York for March 12

A hearing has been scheduled for March 12, 2025, at 2:00 PM in Courtroom 6A to discuss ElevenLabs’ motion to transfer their case to the United States District Court for the Southern District of New York.

[Feb 4, 2025] Judge Orders Review of Meta’s Legal Communications for Possible Misconduct in Kadrey Case

In the Kadrey v. Meta lawsuit, Judge Chhabria has ordered Meta to submit documents it claimed were protected by attorney-client privilege for review by Friday at 5 PM.

This decision comes after David Boies’s law firm presented evidence suggesting that these communications might relate to criminal or fraudulent activities.

The review will assess whether Meta’s alleged sharing of copyrighted material, particularly through torrent file sharing of the LibGen dataset, could indicate wrongdoing. The judge noted that this review might uncover important evidence regarding Meta’s actions.

Details:

πŸ‘‰ Judge Chhabria conducts in-camera review regarding the crime-fraud exception

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