Inner City Press
@innercitypress.bsky.social
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Matthew Russell Lee for/as Inner City Press covers SDNY, UN Gate, banks & IMF. books http://tinyurl.com/bdhp2j5u http://patreon.com/MatthewRussellLee
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innercitypress.bsky.social
Luigi Mangione docket: Wednesday evening US Attorney's Office respond to the judge that social media posts by DOJ officials have been deleted & cites "principal opposition due Oct 31 [on] the defense’s arguments on the statements made by White House officials.
innercitypress.bsky.social
5:56 pm - Judge Stein: This has made me rethink some things, so I do not think I will be issuing a bottom line order tonight or tomorrow.
Inner City Press remains on the case(s)
innercitypress.bsky.social
Diddy dockets: Judge Subramanian will not specifically recommend Fort Dix, only NYC area, asks if another geography is requested, to ask for it be October 10. Inner City Press on the case(s) new book: play.google.com/store/books/...
innercitypress.bsky.social
OpenAI's Gratz - I will-
Judge: Sorry I called you Mr. Rohit
Gratz: It's fine. Why should GPT 4.5 be out? It is a later model. It was only included in Tremblay as a compromise. It did not exist yet. It had been mentioned in the press. 4v? It was under development
innercitypress.bsky.social
Microsoft's lawyer: Microsoft was not a defendant in the Tremblay action. What we said in May was based on our understanding of the scope of the case for Microsoft. Now they are trying to add everything in. It doesn't work with the schedule you've set
innercitypress.bsky.social
Plaintiffs' lawyer: We'd like you to reconsider. Sam Altman talked about GPT 5 - so it was properly part of the consolidated case. Also GPT 4 b-
Judge: I did not reference that.
Plaintiffs' lawyer: You said GPT 4 v, it is an LLM available at that time.
innercitypress.bsky.social
Judge: I'm not going to rule on the issue of what we exclude from Microsoft. GPT 3, GPT 3.5, GPT 3.5 Turbo, GPT 4 and GPT Turbo are in. GPT 1, 2.. 5, they are out.
I won't decide GPT 4 oh and 4 oh mini I won't decide.
Let me go to AI.
innercitypress.bsky.social
Microsoft's lawyer: They are the ones with information about impact on their earning - royalty statements and the like. That needs to come from them. And they have not been producing that to us, much to our chagrin. People use Microsoft Word to write books, yes
innercitypress.bsky.social
Plaintiffs' lawyer: If we cannot get into new Co-Pilot, the assistant, we will be handicapped in our infringement claims. It allows people to create tons of books that might compete with John Grisham. To assess it, don't surgically remove the products GPT powers
innercitypress.bsky.social
Microsoft's lawyer: We did not unilaterally refuse to provide discovery - it's that Magistrate Judge Wang ruled, No new products.
Judge: She was sitting next to me. She added one new product at that point. Plaintiffs'?
Plaintiffs' lawyer: We need to check Co-Pilot
innercitypress.bsky.social
Lively docket: Now we're getting somewhere: "The Wayfarer Parties withdraw their request for sealing any portion of Dkt. No. 814." Inner City Press will continue to monitor and report on the docket
Book: www.amazon.com/dp/B0DWC8BH55
innercitypress.bsky.social
Microsoft's lawyer: New consumer Co-pilot, and the Microsoft Office suite of products should not be in the case. We should not start over with them in. The case would become three or four times what it is now. We drew the line at ChatGPT run in MS' platform
innercitypress.bsky.social
Judge: Let's go to the models.
Microsoft's lawyer: The case includes ChatGPT 4 little o and mini-
Judge: Four little o mini
Microsoft's lawyer: Right, Your Honor.
Judge: Are Microsoft's products the same as Microsoft-trained products?
MS lawyer: No.
innercitypress.bsky.social
Judge: They've said they stipulate that the case is not about Microsoft's LLMs, correct?
Plaintiffs' lawyer Rohit Nath of Susman: Yes we have-
Judge: OK, stop right there. That's done. The other issue is that the action is limited to books, right?
Nath: Yes.
innercitypress.bsky.social
Microsoft's lawyer: It should only go up to ChatGPT 4 Turbo, that's it. We need some alterations to Paragraph 397
Judge: I'm not going to be tinkering with the Complaint on a motion to strike, that's for scandalous material, or irrelevancies.
innercitypress.bsky.social
Judge Stein: Let's more on to the motions to strike.
Microsoft's lawyer Annette Hurst of Orrick: Microsoft's model's limitations are different from OpenAI's. We are glad you've said, no new models in the case. Judge Wang drew that line. So, strike Paras 81 & 82
innercitypress.bsky.social
OpenAI's lawyer: The class plaintiffs have not identified any infringement other than what they themselves created. It cannot establish liability. In the news case, you cited Matthew Bender v. West in which the 2d Circuit found no plausible infringement
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[Note: Pritt of Boes Schiller is for the plaintiffs- sorry]
Judge: To what extent is the discovery ballooning?
OpenAI's lawyer: The class plaintiffs have serve 260 RFPs [request for production] including directed at products that haven't even been released yet
innercitypress.bsky.social
OpenAI's Pritt: ChatGPT can regurgitate from works; OpenAI trains its model to provide summaries of copyrighted works. They claim they don't - but that's only in the confidential material. Look at the Martin novel, including an outline of a sequel with plot lines
innercitypress.bsky.social
Diddy dockets: Judge Subramanian just docketed forfeiture order for specific property - including Appendix A of electronics seized in Manhattan hotel, in Miami and elsewhere - Inner City Press story coming
innercitypress.bsky.social
Plaintiffs' lawyer Nelson: This is a per-work claim. So deferring this does not make sense. The sky is not falling. This is a particular part of discovery.
2d plaintiffs' lawyer Maxwell Pritt of Boies Schiller in SF: They are incorrect we have new claims