@AdamEisgrau
@adameisgrau.bsky.social
#FairUse fighter for @ChamberofProgress’ Generate & Create campaign. JD, Hill staffer, long-time tech wonk. Amateur photographer, jazz lover, art junkie, avid house plant killer.
SDNY Judge Eileen McMahon, taking all facts as required in the light best for plaintiffs, found that they'd cleared the relatively low bar standard of Rule 12(b)(6) for the case to proceed:
November 14, 2025 at 1:43 AM
SDNY Judge Eileen McMahon, taking all facts as required in the light best for plaintiffs, found that they'd cleared the relatively low bar standard of Rule 12(b)(6) for the case to proceed:
BREAKING: @AdvanceLocal.com Media has defeated on all ©-related counts @Cohere.com's Motion to Dismiss its Complaint for both direct and secondary infringement, as well as "inducement."
November 14, 2025 at 1:43 AM
BREAKING: @AdvanceLocal.com Media has defeated on all ©-related counts @Cohere.com's Motion to Dismiss its Complaint for both direct and secondary infringement, as well as "inducement."
Specifically, the Judge authorized all of the additional inquiries plaintiffs requested, which are fairly clear despite their required redactions:
November 13, 2025 at 8:09 PM
Specifically, the Judge authorized all of the additional inquiries plaintiffs requested, which are fairly clear despite their required redactions:
@Meta.com won on fair use in Kadrey but it's still potentially liable for illegally distributing their works via "torrenting," the large scale of wh/plaintiffs say has become clearer over time. Judge Chhabria's just granted more discovery on that, per plaintiffs' 10/29 Motion:🧵
November 13, 2025 at 8:09 PM
@Meta.com won on fair use in Kadrey but it's still potentially liable for illegally distributing their works via "torrenting," the large scale of wh/plaintiffs say has become clearer over time. Judge Chhabria's just granted more discovery on that, per plaintiffs' 10/29 Motion:🧵
Can't say it straighter than @AnneliseLevy in @BLaw.com: ClaimsHero clearly messed w/the wrong judge in defending its scheme to "lure" Bartz settlement-eligible authors into opting out of the plaintiff class. Calling it "a fraud of immense proportions," Judge Alsup ordered a halt:
November 13, 2025 at 6:51 PM
Can't say it straighter than @AnneliseLevy in @BLaw.com: ClaimsHero clearly messed w/the wrong judge in defending its scheme to "lure" Bartz settlement-eligible authors into opting out of the plaintiff class. Calling it "a fraud of immense proportions," Judge Alsup ordered a halt:
Plaintiffs thus urge Judge Wang to hold @OpenAI.com to the target log production date specified in her 11/7 Order, BUT they fail to note that wasn't a hard deadline. Instead, @OpenAI.com has until 7 days after the de-ID process is done to comply (see pics below):
November 13, 2025 at 5:55 PM
Plaintiffs thus urge Judge Wang to hold @OpenAI.com to the target log production date specified in her 11/7 Order, BUT they fail to note that wasn't a hard deadline. Instead, @OpenAI.com has until 7 days after the de-ID process is done to comply (see pics below):
@NYTImes.com's 11/12 Opposition accuses @OpenAI.com of engaging in a PR stunt, rejecting the claim that this dispute has anything to do with ChatGPT user privacy and calling the pending Motion for Recon a "barely disguised press release":
November 13, 2025 at 5:55 PM
@NYTImes.com's 11/12 Opposition accuses @OpenAI.com of engaging in a PR stunt, rejecting the claim that this dispute has anything to do with ChatGPT user privacy and calling the pending Motion for Recon a "barely disguised press release":
BREAKING: @OpenAI.com's Battle of the User Logs is back in today's news. Judge Wang has set 11/19 for their Reply to @NYTimes.com 11/12 Opposition to their recon motion. BUT, she won't stay her 11/7 Order. @NYTimes.com says 20M logs are due tomorrow. Details below:🧵
x.com/AdamEisgrau...
x.com/AdamEisgrau...
November 13, 2025 at 5:55 PM
BREAKING: @OpenAI.com's Battle of the User Logs is back in today's news. Judge Wang has set 11/19 for their Reply to @NYTimes.com 11/12 Opposition to their recon motion. BUT, she won't stay her 11/7 Order. @NYTimes.com says 20M logs are due tomorrow. Details below:🧵
x.com/AdamEisgrau...
x.com/AdamEisgrau...
A German court's ruling against OpenAI.com inlcudes truly ugly (and clearly AI development-hostile) potential damages math. If just 1000 unlawful outputs of each of the 9 songs at issue were compensible, liability could top $2.6 *billion* (US), reports @MLexclusive.com:
November 13, 2025 at 1:47 PM
A German court's ruling against OpenAI.com inlcudes truly ugly (and clearly AI development-hostile) potential damages math. If just 1000 unlawful outputs of each of the 9 songs at issue were compensible, liability could top $2.6 *billion* (US), reports @MLexclusive.com:
@OpenAI.com's Chief Info Sec Officer published this letter today in response to the @NYTImes' efforts in court to access 20 million ChatGPT user logs. He writes "Your private conversations are yours—and they should not become collateral in a dispute over online content access."
x.com/OpenAI/stat...
x.com/OpenAI/stat...
November 12, 2025 at 8:29 PM
@OpenAI.com's Chief Info Sec Officer published this letter today in response to the @NYTImes' efforts in court to access 20 million ChatGPT user logs. He writes "Your private conversations are yours—and they should not become collateral in a dispute over online content access."
x.com/OpenAI/stat...
x.com/OpenAI/stat...
Plaintiffs' filing argues variously that they've cleared the applicable low bar for stating an infringement case and, similarly, made their case for proceeding with their DMCA violation claims:
November 12, 2025 at 5:01 PM
Plaintiffs' filing argues variously that they've cleared the applicable low bar for stating an infringement case and, similarly, made their case for proceeding with their DMCA violation claims:
@Suno.com recently sought dismissal of country musician Anthony Justice's © infringement suit generally for failing to state a case and particularly for showing that any of his actual works were infringed. Justice has just filed his Opposition to that Motion:
November 12, 2025 at 5:01 PM
@Suno.com recently sought dismissal of country musician Anthony Justice's © infringement suit generally for failing to state a case and particularly for showing that any of his actual works were infringed. Justice has just filed his Opposition to that Motion:
@OpenAI.com notes that, in fact, reliance on the Concord case is misplaced and concludes that "Nothing in the cited Concord Order supports ... Plaintiffs' demand for wholesale production" of so many private user communications out of all proportion to any alleged relevance or need:
November 12, 2025 at 3:55 PM
@OpenAI.com notes that, in fact, reliance on the Concord case is misplaced and concludes that "Nothing in the cited Concord Order supports ... Plaintiffs' demand for wholesale production" of so many private user communications out of all proportion to any alleged relevance or need:
@OpenAI.com argues in its 11/12 letter to Judge Wang that such broad discovery is not the rule in similar cases and that, contrary to her conclusion, it's had no meaningful procedural opportunity to rebut plaintiff's reliance on precedent they and Judge Wang rely on:
November 12, 2025 at 3:55 PM
@OpenAI.com argues in its 11/12 letter to Judge Wang that such broad discovery is not the rule in similar cases and that, contrary to her conclusion, it's had no meaningful procedural opportunity to rebut plaintiff's reliance on precedent they and Judge Wang rely on:
@OpenAI.com has just asked Judge Wang to vacate her 11/7 Order that it produce 20M anonymized ChatGPT output logs arguing "neither common sense nor" the FRCP "justify the forced production of a massive trove of irrelevant personal user conversations": 🧵👀
November 12, 2025 at 3:55 PM
@OpenAI.com has just asked Judge Wang to vacate her 11/7 Order that it produce 20M anonymized ChatGPT output logs arguing "neither common sense nor" the FRCP "justify the forced production of a massive trove of irrelevant personal user conversations": 🧵👀
The ruling wasn't a surprise given comments from the judges at a September hearing. Coming from the equivalent of a federal district court, it will now be subject to multiple levels of appeal by @OpenAI.com. (Chart by Willkie, Farr & Gallgher)
www.willkie.com/-/media/fil...
www.willkie.com/-/media/fil...
November 11, 2025 at 1:42 PM
The ruling wasn't a surprise given comments from the judges at a September hearing. Coming from the equivalent of a federal district court, it will now be subject to multiple levels of appeal by @OpenAI.com. (Chart by Willkie, Farr & Gallgher)
www.willkie.com/-/media/fil...
www.willkie.com/-/media/fil...
BREAKING: A Munich Regional Court has just ruled that the text & data mining exception in Art 4 of the EU Copyright Directive doesn't apply to @OpenAI.com's model training, leaving it liable for model memorization and infringing outputs:🧵
www.reuters.com/world/germa...
www.reuters.com/world/germa...
November 11, 2025 at 1:42 PM
BREAKING: A Munich Regional Court has just ruled that the text & data mining exception in Art 4 of the EU Copyright Directive doesn't apply to @OpenAI.com's model training, leaving it liable for model memorization and infringing outputs:🧵
www.reuters.com/world/germa...
www.reuters.com/world/germa...
Judge Alsup also denied the parties' proposed choice of Special Master whose presented credentials, he ruled, were "too thin" and and hourly rate ($1,000) "too high":
November 10, 2025 at 2:26 PM
Judge Alsup also denied the parties' proposed choice of Special Master whose presented credentials, he ruled, were "too thin" and and hourly rate ($1,000) "too high":
The Judge went further to dictate the precise language he ordered be used instead:
November 10, 2025 at 2:26 PM
The Judge went further to dictate the precise language he ordered be used instead:
NDCA Judge Wm Alsup is very much still presiding over the preliminarily approved settlement in Bartz v @AnthropicAI.com and has just blasted counsel for making unilateral edits to the notice to be provided class plaintiffs, which he disallowed:
November 10, 2025 at 2:26 PM
NDCA Judge Wm Alsup is very much still presiding over the preliminarily approved settlement in Bartz v @AnthropicAI.com and has just blasted counsel for making unilateral edits to the notice to be provided class plaintiffs, which he disallowed:
For more details on the Court's legal findings and holding, see my 11/4 post here:
x.com/AdamEisgrau...
x.com/AdamEisgrau...
November 8, 2025 at 3:04 PM
For more details on the Court's legal findings and holding, see my 11/4 post here:
x.com/AdamEisgrau...
x.com/AdamEisgrau...
As reported (and AI-summarized) by @MLexclusive.com, © infringement suits v gen AI developers have now reached Denmark with @Suno.com now in a Scandinavian court.
See the 2d post in this 🧵 for a @Google translation of plaintiff rights group Koda's statement, provided by @MLexclusive:
See the 2d post in this 🧵 for a @Google translation of plaintiff rights group Koda's statement, provided by @MLexclusive:
November 7, 2025 at 3:57 PM
As reported (and AI-summarized) by @MLexclusive.com, © infringement suits v gen AI developers have now reached Denmark with @Suno.com now in a Scandinavian court.
See the 2d post in this 🧵 for a @Google translation of plaintiff rights group Koda's statement, provided by @MLexclusive:
See the 2d post in this 🧵 for a @Google translation of plaintiff rights group Koda's statement, provided by @MLexclusive:
@Entrepreneur.com's DMCA claims are clearest in the cause of action portion of the Complaint, here in full:
November 7, 2025 at 3:36 PM
@Entrepreneur.com's DMCA claims are clearest in the cause of action portion of the Complaint, here in full:
Relying heavily on claims by no means yet settled in law that @Meta.com violated © by training its gen AI models on "pirated" downloaded works and that it has "diluted" the market for plaintifs' works, the Complaint also argues that @Meta.com illegally distributed them by "torrenting."
November 7, 2025 at 3:36 PM