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As OpenAI Is Sued by Fiction Writers Microsoft Gets Added to January Briefing in SDNY

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 29– Fiction writers and the Authors Guild have sued OpenAI and on November 29 the intial pre-trial conference was held before U.S. District Court for the Southern District of New York Judge Sidney H. Stein. Inner City Press was there, thread:

Judge Stein: So I got a letter that the plaintiffs intend to file an amended complaint to add Microsoft?

Plaintiffs' counsel: Yes, Your Honor. Judge: File that by Monday...

Plaintiffs' lawyer: This is a tight class action, filed here in the center of publishing by professional fiction writers.  [From caption: Christina Baker Kline, David Baldacci,  George Saunders, John Grisham Jonathan Franzen, Michael Connelly,  Scott Turow 

OpenAI lawyer: We're not talking about anyone getting copies of Mr. Baldacci's books about of ChatGPT. To the extent there were reproduction is was for a non-infringing reason: learning and training.

Judge: Let me set a date to move to dismiss or answer - it will be January 12, to give Microsoft time. Last day for plaintiff to response, January 26. Reply, February 2.  

 I want the parties to submit to me, by January 12, their positions on whether fair use should come first, or class certification.  Let's leave it at that. Adjourned.

More on Substack here

The case is Authors Guild et al v. OpenAI Inc. et al., 23-cv-8292 (Stein)


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