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@AdamEisgrau @adameisgrau.bsky.social · 7h

Plaintiffs' Motion *plus* proposed trial plan is available via the ECF system at:
ecf.cand.uscourts.gov/cgi-bin/sho...

@AdamEisgrau @adameisgrau.bsky.social · 7h

The case is In re Google Generative AI Copyright Litigation, 5:23-cv-03440, (N.D. Cal.)
www.courtlistener.com/docket/6759...

Plaintiff's Motion re class cert is online w/o a paywall at:
www.courtlistener.com/docket/6759...

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@AdamEisgrau @adameisgrau.bsky.social · 7h

Plaintiffs actually begin to argue the merits of @Google's presumed fair use defense, arguing to my mind unpersuasively based on Napster (a case based on distribution of exact copies) that building a gen AI system on ©d material is not "transformative" contrary to Bartz/Kadrey!

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@AdamEisgrau @adameisgrau.bsky.social · 7h

Plaintiffs also make broad claims of commonality and predominance with respect to @Google.com's anticipated fair use defense:

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@AdamEisgrau @adameisgrau.bsky.social · 7h

Notably, Plaintiffs quote Judge Alsup's opinion in Bartz arguing that unauthorized copying for purposes of gen AI training is "the classic case for certification...."

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@AdamEisgrau @adameisgrau.bsky.social · 7h

The claims are straightforward – direct infringement for unauthorized copying for purposes of gen AI training – and plaintiffs argue that class cert is appropriate due to an "overwhelming preponderance of common questions of law and fact" as req'd by FRCP Rule 2(b):

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@AdamEisgrau @adameisgrau.bsky.social · 7h

The Court is asked to certify 3 classes of plaintiffs all of whom, by definition, will be able to document that their copyrighted works were used to train one or more of 6 @Google.com gen AI models (highlighted below) and registered within defined time frames:

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@AdamEisgrau @adameisgrau.bsky.social · 7h

Plaintiffs' class certification arguments, heavily redacted like the rest of these filings, lay out like this:

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@AdamEisgrau @adameisgrau.bsky.social · 7h

Class cert in In re @Google.com Generative AI Copyright Litigation is back front and center today in plaintiffs' Motions to Certify multiple classes and propose a trial plan to presiding NDCA Judge Eumi Lee ahead of a 2/4/26 hearing on these issues. Fair use figures in these docs...🧵⤵️

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@AdamEisgrau @adameisgrau.bsky.social · 1d

The case is Nazemian v. NVIDIA Corporation, 4:24-cv-01454, (N.D. Cal.)
www.courtlistener.com/docket/6832...

@Nvidia's Opposition to plaintiffs' universal extension request, filed today, is available in the ECF system at: ecf.cand.uscourts.gov/doc1/035126...

@AdamEisgrau @adameisgrau.bsky.social · 1d

Judge Tigar's schedule anticipated a hearing on document protective orders next week and the close of fact discovery shortly before Thanksgiving. Initial summary judgment motions on fair use grounds are slated to be filed in May of next year:

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@AdamEisgrau @adameisgrau.bsky.social · 1d

@NVIDIA.com is giving no quarter to plaintiffs Nazemian et al in discovery, opposing their 10/10 motion to extend *all* case deadlines. @Nvidia.com argues they've have been anything but diligent in meeting the discovery schedule set by NDCA Judge Jon Tigar in September 2024:

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@AdamEisgrau @adameisgrau.bsky.social · 1d

The case has not yet been docketed by SCOTUS but the DC Circuit proceedings are online here:
Stephen Thaler v. Shira Perlmutter, 23-5233, (D.C. Cir.)
www.courtlistener.com/docket/6789...

Thaler's case below before the D.C. District Court is online at:
www.courtlistener.com/docket/6335...

@AdamEisgrau @adameisgrau.bsky.social · 1d

Dr. Thaler's 10/9 Petition for Cert is online, courtesy of @ipwatchdog, at:
ipwatchdog.com/wp-content/...

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@AdamEisgrau @adameisgrau.bsky.social · 1d

As reported here, last May Dr. Thaler asked for and promptly was denied rehearing en banc by the DC Circuit, a panel of which previously had sided with the lower court in upholding the @CopyrightOffice's refusal to register his AI's creation.

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@AdamEisgrau @adameisgrau.bsky.social · 1d

Dr. Stephen Thaler, the computer scientist denied a © by the US @CopyrightOffice for "A Recent Entrance to Paradise" – art produced by his gen AI "Creativity Machine" – has asked the US Supreme Court to hear his appeal. Thaler says the test for © is originality, not humanity...🧵

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@AdamEisgrau @adameisgrau.bsky.social · 1d

This case is UMG Recordings, Inc. v. Uncharted Labs, Inc., 1:24-cv-04777, (S.D.N.Y.)
www.courtlistener.com/docket/6887...

@UdioMusic.com's 10/10 Memo in Support of its Motion to Dismiss isn't yet on Courtlistener but is available in the ECF system here:
ecf.nysd.uscourts.gov/doc1/127038...

@AdamEisgrau @adameisgrau.bsky.social · 1d

Affirmation in the Bartz, Kadrey cases of fair use as an effective defense to direct infringement claims for gen AI training on non-pirated © works has seen plaintiffs in multiple cases (including @UMG v @SunoMusic.com) go after big damages by tacking DMCA breach onto their Complaints.

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@AdamEisgrau @adameisgrau.bsky.social · 1d

Specifically, @UdioMusic.com rejects plaintiffs claims, arguing:

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@AdamEisgrau @adameisgrau.bsky.social · 1d

@UdioMusic.com (Uncharted Labs) has rapidly moved to dismiss @UMG's Complaint just amended on 10/6 to add claims that it violated DMCA §1201(a) arguing, that breaching a *copy* control doesn't state a cause of action for violating "effective" DMCA *access* control protections:

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@AdamEisgrau @adameisgrau.bsky.social · 1d

The case is UMG Recordings, Inc. v. Suno, Inc., 1:24-cv-11611, (D. Mass.)
www.courtlistener.com/docket/6887...

Plaintiff's proposed Amended Complaint is online at:
www.courtlistener.com/docket/6887...

@AdamEisgrau @adameisgrau.bsky.social · 1d

With their amendment, plaintiffs join the fray playing out across multiple cases over whether the DMCA protects *copy controls* v *access controls," as defendants maintain based on the history/text of the DMCA. Stakes are high; the DMCA also allows for big statutory damages.

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@AdamEisgrau @adameisgrau.bsky.social · 1d

Alleging that @SunoMusic.com engaged in unlawful "stream ripping" training material from YouTube, "circumventing" "technological protection measures" in the process, @UMG.com's new COA reads in full:

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@AdamEisgrau @adameisgrau.bsky.social · 1d

Following the post-Bartz decision playbook of plaintiffs in multiple cases, @UMG.com's has moved to amend its original direct © infringement Complaint v @SunoMusic.com to add a 3d cause of action for willful violation of §1201(a) of the DMCA and, with it, maximum statutory damages:

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@AdamEisgrau @adameisgrau.bsky.social · 6d

Signing off for now from NYC.

The case is In Re: OpenAI, Inc. Copyright Infringement Litigation, 1:25-md-03143, (S.D.N.Y.)
www.courtlistener.com/docket/6987...