Notably, the Court also refused @OpenAI's request to refer multiple questions of law to the European Court of Justice.

It's full opinion is not immediately available but reportedly will be released for publication to media outlets soon. Well take a deeper dive when it surfaces...

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...

This same Court will also hear GEMA's suit against @Suno.com in late January. While it will be critical to see its rationales to assess the ruling's likely impact, it's clearly already at odds with the recent UK ruling for @StabilityAI.com which held that their AI didn't memorize.

The case is Bartz v. Anthropic PBC, 3:24-cv-05417, (N.D. Cal.)
www.courtlistener.com/docket/6905...

Judge Alsup's 11/7 Order is online at:
www.courtlistener.com/docket/6905...

Judge Alsup may (or may not) step down at the end of this year but, as this Order clearly indicates, he's still keenly interested in and engaged with the fine details of what may well be a legacy case in his storied career on the bench.

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:

For more details on the Court's legal findings and holding, see my 11/4 post here:
x.com/AdamEisgrau...

No link available yet to Koda's actual 4 Nov legal filing or info on when @Suno.com's answer is due. Stay tuned...

The new case is docketed as Entrepreneur Media, LLC v. Meta Platforms, Inc., 5:25-cv-09579, (N.D. Cal.)
www.courtlistener.com/docket/7188...

@Entrpreneur's 11/6 Complaint is here:
www.courtlistener.com/docket/7188...

@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."

For more details on the Court's legal findings and holding, see my 11/4 post here:
x.com/AdamEisgrau...

The case is Kadrey v. Meta Platforms, Inc., 3:23-cv-03417, (N.D. Cal.)
www.courtlistener.com/docket/6756...

The parties joint Stipulation and Proposed Order to extend the schedule is here:
www.courtlistener.com/docket/6756...

Plaintiffs' case v @Meta.com in Kadrey was narrowed by J. Chhabria's ruling that they hadn't proved market harm from Meta's transformative – and thus fair – use of their works but the case is going to trial on whether "torrenting" violated plaintiffs's distribution rights.

Tanzer's Motion to Relate is here:
ecf.cand.uscourts.gov/doc1/035126...