Person
U.S. District Judge for the Southern District of New York, presiding over major copyright litigation including consolidated AI training lawsuits against OpenAI.
Three summary judgment briefs in the consolidated news publisher case describe the same conduct using denominators that never meet, and the one the court adopts will set what licensed text is worth to every buyer.
Reality
A filing with no binding force still moves the cost of walking away, and every publisher currently quoting a number to a lab is quoting it to a counterparty whose government has said in court that permission may not be required.
Perspective Coverage
5 publishersReality
Redactions came off a 92-page plaintiffs' brief in the consolidated OpenAI copyright case on Thursday. Inside are internal Microsoft and OpenAI documents on substitution, memorised training data and collapsing publisher click-throughs.
Reality
The coalition suing OpenAI and Microsoft passed 550 publishers this week, and the cost of training data will be settled either by Judge Sidney Stein's fair-use ruling or by private deals struck before it lands.
Reality
Justice's September 1 filing in the consolidated OpenAI MDL calls model training extraordinarily transformative. It binds no judge, which is precisely why its work shows up in the price of a licence rather than in the law.
Reality