@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.

$19.9 BILLION: That's the hit to CA's budget *just in court costs* that AB 412 could inflict per new research by @ProgressChamber's Dr. Kaitlyn Harger linked in my new blog, which re-catalogues all of 412's *many* irrationalities, flaws and dangers: progresschamber.org/insights/ab...

AB 412's $20 Billion Price Tag for California - Chamber of Progress

New analysis finds California's AB 412 could add up to $20 billion a year in court costs, and the EU confirms the bill's core technology doesn't work yet.

progresschamber.org

Author John Carreyrou, suing in the name of his publisher Cambronne, is baa-aack, now for the 3d time with a Second Amended Complaint that may set a record for most facially deficient pleading in a gen AI © case, as @AnthropicAI.com details in its Motion to Dismiss just filed:

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Locking training data behind a compulsory licensing regime isn't the way to empower artists with the latest generative AI tools to supercharge their own creativity. It *is* a way to boost the revenues of GEMA's giant US and other © aggregator affiliates: progresschamber.org/news/german...

German Court Sides with Copyright Aggregators Over Generative AI Technology Trailblazer : - Chamber of Progress

Decision Advances Publisher Licensing Agenda While Undermining Access to Creative Tools

progresschamber.org

Real estate data startup Automax has moved for summary judgment on what it calls facially defective © claims asserted by established competitor True Footage, pointing the Court to what it calls plaintiffs' damning admission it wants to burden Automax with ruinous legal costs:

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@Disney.com et al and @Midjourney.com have agreed that @Midjourney's Motion to have contributory liability claims against it dismissed per my earlier post below will be argued on October 5. An opposition is due 8/11, the Reply on 8/25: www.courtlistener.com/docket/70513...

Reset – #142 in Disney Enterprises Inc. v. Midjourney Inc. (C.D. Cal., 2:25-cv-05275) – CourtListener.com

Reset

courtlistener.com

@AdamEisgrau@adameisgrau.bsky.social · 2w ago

@Midjourney.com's just moved the Court to toss @Disney and @WarnerBros.com's claims of contributory liability for user-generated outputs as "legally untenable" per SCOTUS' Cox ruling and absent inducement, leaving direct and vicarious claims for discovery and another day...

Former NPR star David Greene has won his bid to move his suit for unauthorized use of his voice back to CA state court from the NDCA to which @Google.com had the case removed. Since no copying was claimed, the Court ruled state statutes apply, not the © Act....

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BREAKING REALLY BIG - APPROVED: The $1.5 billion settlement reached in Bartz v @AnthropicAI.com is now approved and the case dismissed! Class counsel will get $101+million plus expenses of $2M+ more. Named plaintiffs will get just under 1/3 of the $50k exceptional service award requested....

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In 2013, the ALRC *again* urged adopting US-style fair use after that rec was ignored in 1998. It asked if it had would AUS be better placed to compete in the digital economy. IMF/World Bank data says US' GDP topped AUS' by avg 19+%/yr since 2013, 25+%/yr since ChatGPT in 2023 x.com/ednewtonrex...

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3D artist Austin Beulier's class action v @Nvidia.com based solely on removal of CMI in violation of the DMCA is picking up speed. Plaintiffs have just opposed the pending Motion to Dismiss which is currently scheduled to be heard before NDCA Judge Eumi Lee on September 2:

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Register of © Shira Perlmutter was fired by the President but temporarily reinstated by the DC Circuit. The Admin's request to stay that was denied and appealed to SCOTUS, wh/opted not to overturn it so the Register stayed on the job. DoJ's now proposed a new briefing schedule:

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@CIRonline.com, aka The Center for Investigative Reporting, sued @OpenAI.com relatively early in the now heavily consolidated MDL before SDNY Judge Stein. Contributory liability claims have since been dismissed *with* prejudice, DMCA claims deferred, and a new Amended Complaint's just been filed:

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NEW CLASS ACTION: Filed v @Meta.com AND Mark Z by textbook authors in the NDCA, it pleads market "dilution" and "displacement," alleging direct infringement by copying for gen AI training and distribution via torrenting, contributory liability for torrent uploads, and DMCA breach:

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In re @OpenAI.com, the huge SDNY MDL in wh/ summary judgment will be argued this fall, has never been a love fest but it's just taken an especially aggressive turn as plaintiffs seek sanctions + fees v @OpenAI.com for "misrepresentation" & "mischaracterization" re user chat log discovery:

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Judge Chhabria has ruled that the 9th Circuit will NOT get to immediately consider, as Kadrey v @Meta.com plaintiffs asked, whether lawful acquisition of © material is a prerequisite to its fair use. Soon enough in the usual course of litigation, he said, in this Minute Order:

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Is *acquisition* of gen AI training data from a lawful source prerequisite to finding that training's fair use? The star-author plaintiffs in Kadrey v @Meta.com want a 9th Circuit answer on interlocutory appeal. Judge Chhabria has the paper but just nixed oral argument. Stay tuned!

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Concord II -- the music group's second suit v @AnthropicAI.com -- is heating up. At odds over how many user prompts for song lyrics must be preserved and produced (an apparently pricey proposition), the parties have petitioned Magistrate Susan van Keulen for a ruling:

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