Authors Guild et al v. OpenAI Inc. et al
| New York Southern District Court | |
| Judge: | Sidney H Stein |
| Referred: | Ona T Wang |
| Case #: | 1:23-cv-08292 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 17:501 Copyright Infringement |
| Case Filed: | Sep 19, 2023 |
| Last checked: Sunday Mar 17, 2024 5:38 AM EDT |
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Consolidated Defendant
OpenAI OpCo LLC
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Consolidated Defendant
OpenAI Inc.
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OpenAI Holdings LLC
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OpenAI Global LLC
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OpenAI GP LLC
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OAI Corporation LLC
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OpenAI LLC
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Consolidated Defendant
OpenAI Startup Fund GP I LLC
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Consolidated Defendant
OpenAI Startup Fund I LP
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Consolidated Defendant
OpenAI Startup Fund Management LLC
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Consolidated Defendant
Microsoft Corporation
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Consolidated Plaintiff
Simon Winchester
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Consolidated Plaintiff
Taylor Branch
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Consolidated Plaintiff
Kai Bird
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Consolidated Plaintiff
Nicholas Basbanes
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Jonathan Alter
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Nicholas Ngagoyeanes
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Daniel Okrent
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Rich Cohen
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Consolidated Plaintiff
Eugene Linden
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Consolidated Plaintiff
Sides Hampton
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Consolidated Plaintiff
Jia Tolentino
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Consolidated Plaintiff
James Shapiro
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Consolidated Plaintiff
Stacy Schiff
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Consolidated Plaintiff
Julian Sancton
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Defendant
OpenAI Startup Fund Management LLC
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Defendant
Microsoft Corporation
Microsoft Corporation One Microsoft Way
Redmond, WA 98052 |
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Defendant
OAI Corporation LLC
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Defendant
OpenAI GP LLC
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Defendant
OpenAI Global LLC
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Defendant
OpenAI Holdings LLC
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Defendant
OpenAI Inc.
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Defendant
OpenAI LLC
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Defendant
OpenAI OpCo LLC
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Defendant
OpenAI Startup Fund GP I LLC
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Defendant
OpenAI Startup Fund I LP
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Interested Party
Mr. Nicholas Basbanes
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Interested Party
Mr. Nicholas Ngagoyeanes
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Interested Party
Julian Sancton
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Plaintiff
David Baldacci
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Plaintiff
Rachel Vail
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Plaintiff
Victor LaValle
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Plaintiff
Maya Shanbhag Lang
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Plaintiff
George R.R. Martin
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Plaintiff
Jodi Picoult
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Plaintiff
Douglas Preston
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Plaintiff
Roxana Robinson
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Plaintiff
George Saunders
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Plaintiff
Scott Turow
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Plaintiff
Christina Baker Kline
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Plaintiff
Elin Hilderbrand
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Plaintiff
John Grisham
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Plaintiff
Jonathan Franzen
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Plaintiff
Sylvia Day
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Plaintiff
Michael Connelly
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Plaintiff
Mary Bly
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Plaintiff
Authors Guild
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ThirdParty Plaintiff
MICHAEL CHABON
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ThirdParty Plaintiff
TA-NEHISI COATES
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ThirdParty Plaintiff
RACHEL LOUISE SNYDER
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ThirdParty Plaintiff
JUNOT DAZ
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ThirdParty Plaintiff
ANDREW SEAN GREER
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ThirdParty Plaintiff
Christopher Golden
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ThirdParty Plaintiff
LIPPMAN LAURA
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ThirdParty Plaintiff
Sarah Silverman
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ThirdParty Plaintiff
Richard Kadrey
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ThirdParty Plaintiff
Paul Tremblay
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ThirdParty Plaintiff
AYELET WALDMAN
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ThirdParty Plaintiff
JACQUELINE WOODSON
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ThirdParty Plaintiff
MATTHEW KLAM
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ThirdParty Plaintiff
DAVID HENRY HWANG
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| TERMINATED PARTIES | |
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Defendant
OpenAI LP
Terminated: 02/06/2024
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| Docket last updated: 11 hours ago |
| Friday, January 24, 2025 | ||
| 321 | 321
5
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order
Order ~Util - Set Deadlines/Hearings
Fri 01/24 4:30 PM
ORDER: The Court held a status conference on these matters on January 22, 2025. For the reasons stated on the record, it is hereby ORDERED: Plaintiffs' motion at ECF 386 regarding the use of documents designated as "CONFIDENTIAL - ATTORNEY'S EYES ONLY" by Microsoft in Plaintiffs' depositions with OpenAI witnesses is DENIED as premature. Plaintiffs are directed to provide proposed datasets and N values for proposed n-gram searches of OpenAI training data by January 24, 2025. (See ECF Nos. 305, 328). The parties are further directed to meet and confer regarding these searches by February 6, 2025, and to file a joint status letter on the docket by February 13, 2025, regarding the status of this issue. Plaintiffs' motion at ECF 379 to compel OpenAI's wholesale preservation of user conversations (e.g., end-user prompts and outputs) is DENIED. The parties are directed to meet and confer regarding the privacy and technological considerations implicated in Plaintiffs' request and file a joint status letter on the docket by February 13, 2025, regarding the status of this issue. The parties are directed to meet and confer regarding production of Microsoft's log data and output logs by February 10, 2025, (see ECF 311), and Plaintiffs are directed to provide Microsoft with their prepared questions for the meet and confer on or before February 6, 2025. The parties are further directed to file a joint status letter on the docket by February 13, 2025, regarding the status of this issue. Defendants' motions at ECF 393 and 395 are DENIED as premature. There has been no showing that production of Ms. Liang's documents and other proposed production will be insufficient. The parties are directed to meet and confer regarding a proposed cap for OpenAI's document production in this case. (See ECF 228). Plaintiffs' motion at ECF 381 is DENIED as premature. The parties are directed to meet and confer and engage in an iterative process regarding search terms for Microsoft's document production, as described at the conference, and to file a joint status letter on the docket by February 13, 2025, regarding the status of this issue. Plaintiffs' motion at ECF 398 is DENIED with respect to documents produced to foreign governmental authorities. ECF 398 is also DENIED as premature in all other respects, and the parties are directed to meet and confer regarding the production of documents sought in this motion. The parties are directed to meet and confer regarding the production of documents that were produced to U.S. governmental entities, (see ECF 322), and to file a joint status letter on the docket by February 13, 2025, regarding the status of this issue. Plaintiffs' motion at ECF 396 is DENIED as premature. The parties are directed to meet and confer and file a joint status letter on the docket by February 13, 2025, regarding the status of this issue. Defendants' motions at ECF 394 and 397 are DENIED as premature. The parties are directed to meet and confer regarding the issues raised in these motions. Defendants' motion at ECF 388 is DENIED as premature as to documents concerning pricing changes and bases for pricing changes. ECF 388 is DENIED with respect to documents concerning search engines' access to Times content. Defendants' motion at ECF 383 is DENIED. The parties' requests to enter a joint deposition protocol, (see Case No. 23-CV-11195, ECF Nos. 382, 430; Case No. 23-CV-8292, ECF No. 307), are DENIED. The Court will not set a cap on deposition hours where the parties have yet to determine how many potential witnesses may be deposed and the projected number of hours needed for such witnesses. The Court will hold an In-Person "Settlement Conference" on deposition protocols on January 31, 2025, at 2:00 p.m. in Courtroom 20D, 500 Pearl Street,New York, NY 10007. Each party in attendance shall send no more than two attorneys to the settlement conference. The parties are not to submit anything to the Court in advance of this conference. The Court will hold an In-Person Status Conference on the above-captioned cases on Thursday, April 10, 2025, at 9:30 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. The parties are directed not to file a joint chart until directed to do so by the Court. The Court notes that many of the "issues" presented in the January 22 conference were premature, and in many instances, the parties had not fully engaged in the meet and confer process. The parties' seeming refusal to work together to resolve what should be small, routine issues in these cases has significantly slowed the pace of discovery and hampers the Court's ability to move the cases forward efficiently. Going forward, any "dispute" where the parties have not fully attempted to, in good faith, meet and confer and, after meeting and conferring, jointly determined that an application to the Court must be made to come to a resolution, including the disputes above that the Court has denied as premature, should not be included in the parties' joint dispute chart. Any motions filed related to such "disputes" may also be denied outright. The parties may include updates for all motions for which the Court has directed the parties to submit a joint status letter by February 13, 2025, in a single letter that clearly identifies which motions are being discussed and includes relevant ECF numbers with hyperlinks to the docket. The parties are encouraged to use their very helpful chart format in their February 13 joint status letter. The Clerk of Court is respectfully directed to close the following ECF Nos.: Newspaper Cases (23-cv-11195): 379, 381, 383, 386, 388, 393, 394, 395, 396, 397, 398. (Settlement Conference set for 1/31/2025 at 02:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang., Status Conference set for 4/10/2025 at 09:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 1/24/2025) (rro) |
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| Tuesday, January 21, 2025 | ||
| 320 | 320
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order
Order on Motion to Compel
Wed 01/22 9:34 AM
ORDER denying without prejudice306 Letter Motion to Compel; granting308 Letter Motion to Compel. The Court is in receipt of the parties' motions at ECF Nos. 306, 308, and 310. Plaintiffs' motion at ECF 306 is DENIED as premature, but without prejudice to renewal after Defendants have served responses and/or objections to Plaintiffs' request for production of certain categories of source code. Plaintiffs' letter motion at ECF 308 is GRANTED. Plaintiffs' custodial 30(b)(6) deposition of OpenAI's designee shall be 5 hours, split between and among the Class Plaintiffs and News Plaintiffs. OpenAI's custodial 30(b)(6) deposition of the Authors Guild's designee shall be 3 hours. Defendants' request in ECF 310 to limit all custodial 30(b)(6) depositions to three hours is DENIED without prejudice. The Clerk of Court is respectfully directed to close ECF 306 and 308. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 1/21/2025) (tg) |
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| 319 | 319
notice
Notice of Appearance
Tue 01/21 11:13 PM
NOTICE OF APPEARANCE by Brianna Silverstein on behalf of Microsoft Corporation, Microsoft Corporation. Filed In Associated Cases: 1:23-cv-08292-SHS-OTW, 1:23-cv-10211-SHS-OTW, 1:24-cv-00084-SHS-OTW.(Silverstein, Brianna) |
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| 318 | 318
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order
Order on Motion to Appear Pro Hac Vice
Tue 01/21 4:55 PM
ORDER ON MOTION FOR ADMISSION granting (292) Motion for Brianna Lynn Silverstein to Appear Pro Hac Vice in case 1:23-cv-08292-SHS-OTW; granting (251) Motion for Brianna Lynn Silverstein to Appear Pro Hac Vice in case 1:23-cv-10211-SHS-OTW; granting (126) Motion for Brianna Lynn Silverstein to Appear Pro Hac Vice in case 1:24-cv-00084-SHS-OTW. (Signed by Magistrate Judge Ona T. Wang on 1/21/2025) Filed In Associated Cases: 1:23-cv-08292-SHS-OTW, 1:23-cv-10211-SHS-OTW, 1:24-cv-00084-SHS-OTW (rro) |
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| Friday, January 17, 2025 | ||
| 317 | 317
misc
Letter
Fri 01/17 11:22 PM
JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Rachel Geman, Rohit Nath and Scott J. Sholder dated January 17, 2025 re: chart containing disputes that are ripe for discussion at the January 22 conference. Document filed by Maya Shanbhag Lang, Victor LaValle, George R.R. Martin, Jodi Picoult, Douglas Preston, Roxana Robinson, George Saunders, Scott Turow, Rachel Vail, Authors Guild, David Baldacci, Mary Bly, Michael Connelly, Sylvia Day, Jonathan Franzen, John Grisham, Elin Hilderbrand, Christina Baker Kline, Rich Cohen, James Shapiro, Eugene Linden, Taylor Branch, Daniel Okrent, Simon Winchester, Jia Tolentino, Jonathan Alter, Stacy Schiff, Kai Bird, Hampton Sides, Julian Sancton.Filed In Associated Cases: 1:23-cv-08292-SHS-OTW, 1:23-cv-10211-SHS-OTW.(Nath, Rohit) |
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| 316 | 316
respoth
Response (non-motion)
Fri 01/17 9:21 PM
JOINT RESPONSE re: (312 in 1:23-cv-08292-SHS-OTW, 268 in 1:23-cv-10211-SHS-OTW) Letter, . Document filed by OpenAI Inc., OpenAI LP, OpenAI GP LLC, OpenAI LLC, OpenAI OpCo LLC, OpenAI Global LLC, OpenAI Holdings LLC, OpenAI Startup Fund I LP, Microsoft Corporation, OpenAI Startup Fund GP I LLC, OpenAI Startup Fund Management LLC, Microsoft Corporation, OpenAI Holdings, LLC, OpenAI GP, LLC, OpenAI, LLC.Filed In Associated Cases: 1:23-cv-08292-SHS-OTW, 1:23-cv-10211-SHS-OTW.(Garko, Sheryl) |
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Att: 1
Exhibit 1 (Proposal Comparison)
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misc
Opposition Brief
Fri 01/17 8:38 PM
OPPOSITION BRIEF re: (255 in 1:23-cv-10211-SHS-OTW, 299 in 1:23-cv-08292-SHS-OTW) Memorandum of Law in Support,, Objection to Dkt. 289 . Document filed by Maya Shanbhag Lang, Victor LaValle, George R.R. Martin, Jodi Picoult, Douglas Preston, Roxana Robinson, George Saunders, Scott Turow, Rachel Vail, Authors Guild, David Baldacci, Mary Bly, Michael Connelly, Sylvia Day, Jonathan Franzen, John Grisham, Elin Hilderbrand, Christina Baker Kline, Rich Cohen, James Shapiro, Eugene Linden, Taylor Branch, Daniel Okrent, Simon Winchester, Jia Tolentino, Jonathan Alter, Stacy Schiff, Kai Bird, Hampton Sides, Julian Sancton.Filed In Associated Cases: 1:23-cv-08292-SHS-OTW, 1:23-cv-10211-SHS-OTW.(Freymann, Anna) |
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Att: 1
Exhibit 1
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| 314 | 314
misc
Opposition Brief
Fri 01/17 8:05 PM
OPPOSITION BRIEF re: (301 in 1:23-cv-08292-SHS-OTW, 257 in 1:23-cv-10211-SHS-OTW) Memorandum of Law in Support,, Objection to Dkt. 290 . Document filed by Maya Shanbhag Lang, Victor LaValle, George R.R. Martin, Jodi Picoult, Douglas Preston, Roxana Robinson, George Saunders, Scott Turow, Rachel Vail, Authors Guild, David Baldacci, Mary Bly, Michael Connelly, Sylvia Day, Jonathan Franzen, John Grisham, Elin Hilderbrand, Christina Baker Kline, Rich Cohen, James Shapiro, Eugene Linden, Taylor Branch, Daniel Okrent, Simon Winchester, Jia Tolentino, Jonathan Alter, Stacy Schiff, Kai Bird, Hampton Sides, Julian Sancton.Filed In Associated Cases: 1:23-cv-08292-SHS-OTW, 1:23-cv-10211-SHS-OTW.(Freymann, Anna) |
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| 313 | 313
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order
Order on Motion to Compel
Fri 01/17 4:15 PM
ORDER denying as moot169 Letter Motion to Compel. It has come to the Court's attention that there is an outstanding motion letter motion to compel at ECF 169. The motion at ECF 169 is a public, redacted version of an identical letter motion filed under seal at ECF 168. Because the Court denied ECF 168 at ECF 202, ECF 169 is DENIED as moot. The Clerk of Court is respectfully directed to close ECF 168. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 1/17/2025) (sgz) |
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