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@AdamEisgrau @adameisgrau.bsky.social · 22h

Two weeks ago, @Meta.com won its Motion to Transfer the SDNY suit brought by @ElsevierConnect.com, @HachetteUS.com and @CengageLearning.com to the NDCA where its virtually certain to join Judge Vincent Chhabria's brace of 6 other @Meta ©/gen AI cases. Judge Castel's Opinion & Order just issued:

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@AdamEisgrau @adameisgrau.bsky.social · 05/10/2026

New Suit: Emmerich Newspapers just lost in the 5th Cir trying to hold @Google.com liable for violating © public display rights. Now, it's sued @OpenAI.com and @Microsoft.com for direct and vicarious infringement for web scraping to train gen AI models + alleged CMI removal under DMCA §1202(b):

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@AdamEisgrau @adameisgrau.bsky.social · 05/10/2026

'Nothing to see here" says @SusmanGodfrey's response to @OpenAI.com's 9/23 allegation they funded a paper purporting to show harm from dilution without disclosure. Rather than argue over it before the Judge, they've just agreed to the relief @OpenAI.com asked for: bsky.app/profile/adam...

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@AdamEisgrau @adameisgrau.bsky.social · 01/10/2026

The Administration has responded to Register of ©s Shira Perlmutter's brief before the DC Circuit, arguing that the President was w/in his rights both to remove the Register and to appoint the Acting Librarian (now the confirmed Attorney General) who did so:

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@AdamEisgrau @adameisgrau.bsky.social · 01/10/2026

@OpenAI.com's just formally called the 9th Circ's recent decision in Doe v GitHub to Judge Stein's attention in In re OpenAI. As detailed in my post re that decision below, the ruling deeply undercuts plaintiffs' DMCA claims though not binding in the SDNY/2d Circuit: x.com/AdamEisgrau...

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@AdamEisgrau @adameisgrau.bsky.social · 01/10/2026

As a 10/21 fair use hearing nears, @ConcordMusic.com counsel wasted no time in calling the Third Circuit's @RossIntel.com decision to Judge Lee's attention in their NDCA suit v @Anthropic. Per yesterday's thread (below), it may very well *not* help them in a suit re *gen* AI: x.com/AdamEisgrau...

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@AdamEisgrau @adameisgrau.bsky.social · 30/09/2026

The 3d Circs unredacted Opinion in @ThomsonReuters.com v @RossIntel.com Opinion's out. The big takeaway in ruling against Ross is it implicitly confirms that highly transformative gen AI training to produce a hugely multi-purpose model with substantial public benefit is likely fair use!🧵

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@AdamEisgrau @adameisgrau.bsky.social · 29/09/2026

The 3d Circ. has ruled in @ThomsonReuters.com v @RossIntel.com that building a directly competing *non-gen AI* research tool isn't fair use. The order's sealed for now but, as I wrote in Feb '25 , this isn't likely to mean much re fair use in "real" gen AI cases: x.com/AdamEisgrau...

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@AdamEisgrau @adameisgrau.bsky.social · 29/09/2026

@Bloomberg.com's been directed to refile its 9/17 Motion to Intervene in NYT v @OpenAI.com in the @OpenAI MDL's lead docket and J. Wang's set a short briefing (not yet hearing) schedule on the Motion due 10/2, oppositions 10/16, replies 10/30. x.com/AdamEisgrau...

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Adam Eisgrau (@AdamEisgrau) on X

.@Bloomberg now seeks to intervene in in re OpenAI to compel unsealing the record per a 20 pg Memo:

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@AdamEisgrau @adameisgrau.bsky.social · 28/09/2026

The same textbook authors suing @OpenAI.com, @Microsoft.com in the SDNY (x.com/AdamEisgrau...) now seek to intervene in In re Google Generative AI Copyright Litigation in the NDCA:

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@AdamEisgrau @adameisgrau.bsky.social · 28/09/2026

The long-running Andersen v @StabilityAI.com, in which @Midjourney.com also is a defendant, has just gotten a bit longer. NDCA Judge Orrick has granted plaintiffs' request for a considerable extension of key motion filing dates and pushed a hearing on them to late Sept. of 2027:

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@AdamEisgrau @adameisgrau.bsky.social · 28/09/2026

The @SeattleTimes.com / @Newsday.com SDNY suit v @OpenAI.com consolidated with In re OpenAI MDL has now officially been stayed by Judge Stein until resolution of pending summary judgment (and other) motions. That pleading cycle was just extended by 2 weeks. It now ends with replies 11/20.

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@AdamEisgrau @adameisgrau.bsky.social · 28/09/2026

BREAKING: News Plaintiffs in In re @OpenAI.com have just blasted the DoJ's fair-use favorable Statement of Interest in the case as "ill-informed," heedless of facts just unsealed and insufficiently consultative with and deferential to the © Office. Its arguments are radically flawed:

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@AdamEisgrau @adameisgrau.bsky.social · 26/09/2026

Mega-publishers @ElsevierConnect.com, @HachetteUS.com and @CengageLearning.com will now be pursuing their joint May SDNY suit v @Meta.com in the NDCA, per SDNY’s Judge Castel:

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@AdamEisgrau @adameisgrau.bsky.social · 25/09/2026

Ex- @Disney.com Chair & @Dreamworks.com founder @jeffreykWNDRJ doesn't say you can't spell creativity without "AI" but he drives home the point in his 9/23 plea for Silicon Valley and LA to come to "terms." Agreed, but we need courts' calls on fair use first:🧵⬇️ x.com/jeffreykwnd...

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Jeffrey Katzenberg (@jeffreykWNDR) on X

The World is Changing: AI For Creativity By Jeffrey Katzenberg A few months ago, I sat in my office in Silicon Valley and watched as a tech founder showed me something extraordinary. On the scre…

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@AdamEisgrau @adameisgrau.bsky.social · 25/09/2026

Judge Stein has OKd (w/o comment on plaintiffs' rebuttal to defendants' 9/22 broadside) a 2-week extension of In re @OpenAI.com MDL deadlines. Oppositions to 9/4's summary judgment cross motions are now due 10/23, all amicus briefs 10/30 and replies 11/20. x.com/AdamEisgrau...

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Adam Eisgrau (@AdamEisgrau) on X

"Polite excoriation" is a contradiction in terms but @OpenAI & @Microsoft have achieved it in their Joint Motion for a two-week extension to respond to News Plaintiffs' motion for summary judg…

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@AdamEisgrau @adameisgrau.bsky.social · 24/09/2026

@TedEntertain.com's pursuing its suit v @Apple.com and @Nvidia.com in the NDCA but it's now proceeding without original co-plaintiff Golfaholics, which has just voluntarily (and without prejudice to later joining a class of plaintiffs) dismissed its own Complaints:

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@AdamEisgrau @adameisgrau.bsky.social · 24/09/2026

Nice to subtract from the case-count once in awhile. Just 134 active cases pending now:

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@AdamEisgrau @adameisgrau.bsky.social · 24/09/2026

Presiding Judge John Kronstadt has just shifted the formerly 10/26 hearing on @Midjourney.com's July Motion for Judgment on the Pleadings (ECF 139) in @Disney.com's CDCA suit against it to 11/23. The briefing cycle on the Motion ended with @Midjourney's Reply (ECF 172) in late August:

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@AdamEisgrau @adameisgrau.bsky.social · 24/09/2026

"[A] fraud on the Court" is what @OpenAI.com just accused Class Plaintiffs' counsel @SusmanGodfrey.com of orchestrating and moved Judge Stein to prevent by striking a late-filed $100k paper they funded w/o disclosure and laundered through an unwitting consultant, says @ChatGPT8world.com:

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@AdamEisgrau @adameisgrau.bsky.social · 23/09/2026

.@ConcordMusicPub.com's 2d suit v @AnthopicAI.com also names execs Amodei and Mann. Mann's just filed an Amended Answer with some notable changes redlined, incl: rejecting the claim that LibGen use was "illegal" and that a "central library" was built:🧵👀

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@AdamEisgrau @adameisgrau.bsky.social · 23/09/2026

The potential of this prelim result and form of research is amazing but before diving in consider a top level fact: the discovery was made by humans guiding and verifying a *general purpose model* trained broadly. IOW, fair use is our future … in health, math, science, art…

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@AdamEisgrau @adameisgrau.bsky.social · 23/09/2026

On its own, the DC District Court has stayed until 12/18 the Register of ©'s suit to be permanently reinstated "for a short time to let the legislative process play out" on the House-passed Leg Branch Agencies Clarification Act, which would end her tenure if OKd by the Senate:

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@AdamEisgrau @adameisgrau.bsky.social · 22/09/2026

"Polite excoriation" is a contradiction in terms but @OpenAI.com and @Microsoft.com have achieved it in their Joint Motion for a two-week extension to respond to News Plaintiffs' motion for summary judgment in In re @OpenAI, wh/ was late and "riddled with [hugely time-consuming] errors":

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@AdamEisgrau @adameisgrau.bsky.social · 22/09/2026

David Boies, likely drawing on his summary judgment loss in Kadrey, has conceded to @RoyWStrom.com that gen AI training on © material is likely to be ruled lawful transformative fair use *in the public interest.* He's right, but wrong on what that means:🧵 news.bloomberglaw.com/business-an...

news.bloomberglaw.com

David Boies Says AI Will Force New Outlook on Fair Use Doctrine

David Boies says judges need to think differently about the fair use doctrine to resolve cases alleging leading artificial intelligence developers stole copyrighted materials to train their models.

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@AdamEisgrau @adameisgrau.bsky.social · 17/09/2026

@OpenAI.com's unredacted Memo in support for heir 9/4 summary judgment motion is now on file. No text remains under wraps.

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@AdamEisgrau @adameisgrau.bsky.social · 17/09/2026

News Plaintiffs' redacted summary judgment brief in In re @OpenAI.com is online at: www.courtlistener.com/docket/6987...

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@AdamEisgrau @adameisgrau.bsky.social · 17/09/2026

Clarification: Today's filings are *not* oppositions; they're the redacted versions of the parties' summary judgment briefs filed 9/4. Oppositions are due 10/9 with Replies on 11/6:

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@AdamEisgrau @adameisgrau.bsky.social · 17/09/2026

. @Microsoft.com has just pushed back separately in In re @OpenAI.com on both news and book publisher plaintiffs’ summary judgment briefs re fair use in *two* just-filed Oppositions:

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@AdamEisgrau @adameisgrau.bsky.social · 17/09/2026

Stayed - Sullivan v @OpenAI.com that is, by Judge Stein in his SDNY MDL. Plaintiffs’ objections overruled:

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@AdamEisgrau @adameisgrau.bsky.social · 16/09/2026

New Case - @TimesPublishing.com and a score or more of other local news publishers have sued @Microsoft.com & @OpenAI.com in the SDNY for direct and vicarious infringement + DMCA breach that may well not hold up after today's 9th Circuit ruling in Doe v GitHub:

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@AdamEisgrau @adameisgrau.bsky.social · 16/09/2026

MAJOR: In a major win for @Github.com, and likely many other AI defendants, the 9th Circuit's just upheld an NDCA ruling that gen AI outputs from Copilot different from plaintiffs' works *cannot* support an inference that @Github.com breached the DMCA by "altering" or "removing" CMI:🧵👀

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@AdamEisgrau @adameisgrau.bsky.social · 16/09/2026

In re @OpenAI.com Judge Sidney Stein has ordered @SeattleTimes.com and @Newsday.com to show cause by 9/25 why their case filed 9/4 should *not* be stayed pending resolution of summary judgment on fair use in the SDNY's massive MDL. @OpenAI.com and @Microsoft.com have until 10/2 to respond:

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@AdamEisgrau @adameisgrau.bsky.social · 15/09/2026

What part of "SOPA/PIPA made clear years ago that allowing © owners w/little downside to force entire websites to be blocked at the DNS level is a rotten, no good, horrible idea technically and politically" did lawmakers not understand??!!?? This newest try merits SOPA's fate: 🧵

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@AdamEisgrau @adameisgrau.bsky.social · 15/09/2026

In re Mosaic, the author class action v @Databricks.com consolidated from the O'Nan and Makkai actions in early 2025, is head to a 10/30 hearing on fair use-based cross motions for summary judgment. Both parties just filed their respective Reply briefs:

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@AdamEisgrau @adameisgrau.bsky.social · 15/09/2026

@AnthropicAI.com continues to press in Concord II for dismissal of 2 key plaintiff claims: *output*-based direct infringement and DMCA violation for CMI removal and/or distribution. W/their just-filed Reply, the "paper" on their Motion to Dismiss is complete; no hearing's yet set

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@AdamEisgrau @adameisgrau.bsky.social · 12/09/2026

Hmmmmm…. recusal refusal in In re @OpenAI.com …

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@AdamEisgrau @adameisgrau.bsky.social · 11/09/2026

@BMG.com's amended its original Complaint v @AnthropicAI.com in the NDCA. It's added torrenting claims + works infringed (incl Sympathy for the Devil) to its direct © infringement count, alleged build of a permanent "library, and dropped 2dary liability. DMCA CMI-stripping remains:

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@AdamEisgrau @adameisgrau.bsky.social · 11/09/2026

On the heels of its joint @warnermusic.com deal w/ @Suno.com, @UMG.com's now teamed w/ @ElevenLabs.com to launch a new catalogue-based gen AI-powered music-creation platform. Artists + gen AI = creativity explosion. Emma Roth has the story for @TheVerge.com: www.theverge.com/ai-artifici...

theverge.com

Universal Music is launching an AI music platform with ElevenLabs

UMG already has several AI deals under its belt.

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@AdamEisgrau @adameisgrau.bsky.social · 10/09/2026

Judge Stein's SDNY MDL grew again late in August with the consolidation of an 8/21 suit by @wikiHow.com v @OpenAI.com. Prompted by the Judge's Order to Show Cause why it should not be stayed pending resolution of key issue in In re @OpenAI.com, the parties have now stipulated to just that:

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@AdamEisgrau @adameisgrau.bsky.social · 09/09/2026

Note to self: "draft then *send*!" - State right of publicity and bio-privacy claims, *not* © infringement, are the basis of musician Jason Isbell's + others' 8/31 MA federal court Complaint v @Suno.com. Oh, and the Borg are cited and footnoted first: 🙄 🧵⬇️ www.courtlistener.com/docket/7472...

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@AdamEisgrau @adameisgrau.bsky.social · 09/09/2026

On 10/21, summary judgment & fair use will be argued live before NDCA Judge Eumi Lee in Concord I. @AnthropicAI.com's just closed the pleading cycle with its Reply arguing that plaintiffs have no dispositive facts to plead so distort them and the law, especially Warhol:

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@AdamEisgrau @adameisgrau.bsky.social · 09/09/2026

SDNY J. Stein's presiding over the huge In re @OpenAI.con MDL but NDCA J. Eumi Lee, seated 2024, may prove as influential. She "owns" In re @Google.com, @Strike 3 v @Meta.com and now @SonyMusic.com/ @WarnerChappell.com's joins both Concord cases + @BMG.com's in her @AnthropicAI.com portfolio:

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@AdamEisgrau @adameisgrau.bsky.social · 09/09/2026

US courts are to go into high gear re fair use in October (w/SJ briefs in In re @OpenAI.com + hearings in In re Mosaic and Concord I). EU courts are close behind w/a major advisory opinion due to the CJEU in Like v Google and now, per @MLex.com, a Q4 CJEU referral in a major ©/TDM case:

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@AdamEisgrau @adameisgrau.bsky.social · 09/09/2026

In re @Google.com in the NDCA just grew. Judge Eumi Lee has found that EXOX's recent suit is related to the larger, earlier-filed case and will now oversee it, too.

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@AdamEisgrau @adameisgrau.bsky.social · 08/09/2026

AI + Artists = Amazing... “What makes today especially meaningful is how we got here. Earlier...Believe and TuneCore said they would not distribute music made with models that did not meet their standards, including Suno’s models at that time." - Mikey @ suno.com/blog/believe...

suno.com

A New Partnership with Believe and TuneCore

Working with our industry partners to support a healthy music ecosystem

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@AdamEisgrau @adameisgrau.bsky.social · 08/09/2026

The Register of ©s just received amicus backing from the bipartisan leadership of the @HouseAdmin.gov Committee in her DC Circuit bid for permanent reinstatement. They call her firing "executive aggrandizement" of exclusive Leg Branch powers to structure government: 🧵

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@AdamEisgrau @adameisgrau.bsky.social · 05/09/2026

The In re @OpenAI.com MDL docket today shows Class Plaintiffs' (incl star authors like David Baldacci) Memo in Support of their summary judgment motion filed yesterday under seal:🧵

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@AdamEisgrau @adameisgrau.bsky.social · 05/09/2026

Citing the "dark future of journalism being constructed by massive generative AI companies," a new 7-count suit v @OpenAI.com and @Microsoft.com's just been filed by the @SeattleTimes.com and @Newsday.com for direct and vicarious infringement in gen AI training, DMCA breach and TM dilution:

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@AdamEisgrau @adameisgrau.bsky.social · 04/09/2026

.@Microsoft.com's also filed in In in re Open AI seeking summary judgment v book authors in two cases grouped into the massive SDNY MDL: Authors Guild and Alter, both v @OpenAI.com:

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