@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.
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
NEW CASE: Just as we were running out of cases to cover (NOT so much), comes @Entrepreneur.com Media to the rescue with a new NDCA suit v @Meta.com for direct and contributory © infringement +DMCA breach with a now familiar litany of claims:🧵
November 7, 2025 at 3:36 PM
NEW CASE: Just as we were running out of cases to cover (NOT so much), comes @Entrepreneur.com Media to the rescue with a new NDCA suit v @Meta.com for direct and contributory © infringement +DMCA breach with a now familiar litany of claims:🧵
For more details on the Court's legal findings and holding, see my 11/4 post here:
x.com/AdamEisgrau...
x.com/AdamEisgrau...
November 7, 2025 at 2:25 PM
For more details on the Court's legal findings and holding, see my 11/4 post here:
x.com/AdamEisgrau...
x.com/AdamEisgrau...
Zoom! Judge Chhabria's wasted not a moment in approving the parties' request for a roughly one-month extension to process new info that came to light in discovery per my post below. Order just issued!
x.com/AdamEisgrau...
x.com/AdamEisgrau...
November 6, 2025 at 9:50 PM
Zoom! Judge Chhabria's wasted not a moment in approving the parties' request for a roughly one-month extension to process new info that came to light in discovery per my post below. Order just issued!
x.com/AdamEisgrau...
x.com/AdamEisgrau...
Interesting find in the discovery weeds of the Kadrey case. @Meta.com's found more info re "torrenting" which it's pursuing so it can be fully disclosed. Noting that will take a time, the parties jointly have proposed a one-month calendar bump mostly in summary judgment filings:
November 6, 2025 at 9:44 PM
Interesting find in the discovery weeds of the Kadrey case. @Meta.com's found more info re "torrenting" which it's pursuing so it can be fully disclosed. Noting that will take a time, the parties jointly have proposed a one-month calendar bump mostly in summary judgment filings:
Alexander also addresses these allegedly cognizable market harms in pre-rebutting a presumed @Salesforce.com's fair use defense. It's apparently confused re the nature of "transformative" use and its relevance to fair use factor 1 as analyzed in Bartz and Kadrey, both NDCA cases:
November 6, 2025 at 8:50 PM
Alexander also addresses these allegedly cognizable market harms in pre-rebutting a presumed @Salesforce.com's fair use defense. It's apparently confused re the nature of "transformative" use and its relevance to fair use factor 1 as analyzed in Bartz and Kadrey, both NDCA cases:
More specifically, concerning market harm, she argues adverse impact on both potential licensing revenue and "dilution" of the market for her works, both points expressly rejected by Judge Alsup in Bartz:
November 6, 2025 at 8:50 PM
More specifically, concerning market harm, she argues adverse impact on both potential licensing revenue and "dilution" of the market for her works, both points expressly rejected by Judge Alsup in Bartz:
Alexander's Complaint alleges:
November 6, 2025 at 8:50 PM
Alexander's Complaint alleges:
Indeed, the cases are so similar that the parties conferred before Alexander's filing and agreed to move to formally "relate" them, which Tanzer's counsel has done today:
November 6, 2025 at 8:50 PM
Indeed, the cases are so similar that the parties conferred before Alexander's filing and agreed to move to formally "relate" them, which Tanzer's counsel has done today:
BREAKING: @Salesforce.com faces a new class action Complaint for © infringement by author Tasha Alexander much like that in Tanzer filed 3 weeks ago. Both claim direct © infringement for downloading pirated copies of books to train a gen AI model and market displacement: 🧵
November 6, 2025 at 8:50 PM
BREAKING: @Salesforce.com faces a new class action Complaint for © infringement by author Tasha Alexander much like that in Tanzer filed 3 weeks ago. Both claim direct © infringement for downloading pirated copies of books to train a gen AI model and market displacement: 🧵
Last August, a settlemenmtwas reached in Vacker v @ElevenLabs.com and further proceedings were stayed. It's now official; case closed:
www.courtlistener.com/docket/6911...
www.courtlistener.com/docket/6911...
November 6, 2025 at 4:49 PM
Last August, a settlemenmtwas reached in Vacker v @ElevenLabs.com and further proceedings were stayed. It's now official; case closed:
www.courtlistener.com/docket/6911...
www.courtlistener.com/docket/6911...
@DCNorg.org: if you're going to blast (doc on left) a serious policy proposal (doc on right) you should *read* it first.
@ProgressChamber.org didn't ask POTUS to "declare" AI-training fair use; we urged him to have DoJ defend fair use in "all appropriate" AI cases.
"Radical"? No...🧵👀
@ProgressChamber.org didn't ask POTUS to "declare" AI-training fair use; we urged him to have DoJ defend fair use in "all appropriate" AI cases.
"Radical"? No...🧵👀
November 6, 2025 at 4:28 PM
@DCNorg.org: if you're going to blast (doc on left) a serious policy proposal (doc on right) you should *read* it first.
@ProgressChamber.org didn't ask POTUS to "declare" AI-training fair use; we urged him to have DoJ defend fair use in "all appropriate" AI cases.
"Radical"? No...🧵👀
@ProgressChamber.org didn't ask POTUS to "declare" AI-training fair use; we urged him to have DoJ defend fair use in "all appropriate" AI cases.
"Radical"? No...🧵👀
Bottom line: in light of recent SCOTUS precedent requiring courts to exercise their own judgment rather than reflexively defer to agency determinations, the scholars call on the High Court to clip the @CopyrightOffice's de facto law-making wings:
November 4, 2025 at 11:20 PM
Bottom line: in light of recent SCOTUS precedent requiring courts to exercise their own judgment rather than reflexively defer to agency determinations, the scholars call on the High Court to clip the @CopyrightOffice's de facto law-making wings:
Their extensive points, in outline, break out this way:
November 4, 2025 at 11:20 PM
Their extensive points, in outline, break out this way:
The scholars' brief minces few words, arguing that: "The Copyright Office’s rigid, narrow and vague guidance has created uncertainty, a chilling effect
on investment, and severe economic and competitive disadvantages for the U.S.":
on investment, and severe economic and competitive disadvantages for the U.S.":
November 4, 2025 at 11:20 PM
The scholars' brief minces few words, arguing that: "The Copyright Office’s rigid, narrow and vague guidance has created uncertainty, a chilling effect
on investment, and severe economic and competitive disadvantages for the U.S.":
on investment, and severe economic and competitive disadvantages for the U.S.":