OpenAI Risks Billions as Court Weighs Privilege in Copyright Row; Bloomberg Law, October 10, 2025

  

Annelise Levy

, Bloomberg Law; OpenAI Risks Billions as Court Weighs Privilege in Copyright Row

"Authors and publishers suing the artificial intelligence giant have secured access to some Slack messages and emails discussing OpenAI’s deletion of a dataset containing pirated books and are seeking additional attorney communications about the decision. If they succeed, the communications could demonstrate willful infringement, triggering enhanced damages of as much as $150,000 per work...

The US District Court for the Southern District of New York last week ordered OpenAI to turn over most employee communications about the data deletion that the AI company argued were protected by attorney-client privilege. OpenAI may appeal the decision. A separate bid for OpenAI’s correspondence with in-house and outside attorneys remains pending."

AI videos of dead celebrities are horrifying many of their families; The Washington Post, October 11, 2025

 

Tatum Hunter

 and 

Drew Harwell

, The Washington Post; AI videos of dead celebrities are horrifying many of their families

[Kip Currier: OpenAI CEO Sam Altman's reckless actions in releasing Sora 2.0 without guardrails and accountability mechanisms exemplify Big Tech's ongoing Zuckerberg-ian "Move Fast and Break Things" modus operandi in the AI Age. 

Altman also had to recently walk back his ill-conceived directive that copyright holders would need to opt-out of having their copyrighted works used as AI training data (yet again!), rather than the burden being on OpenAI to secure their opt-ins through licensing.

To learn more about potential further copyright-related questionable conduct by OpenAI, read this 10/10/25 Bloomberg Law article:  OpenAI Risks Billions as Court Weighs Privilege in Copyright Row]

[Excerpt]

"OpenAI said the text-to-video tool would depict real people only with their consent. But it exempted “historical figures” from these limits during its launch last week, allowing anyone to make fake videos resurrecting public figures, including activists, celebrities and political leaders — and leaving some of their relatives horrified.

“It is deeply disrespectful and hurtful to see my father’s image used in such a cavalier and insensitive manner when he dedicated his life to truth,” Shabazz, whose father was assassinated in front of her in 1965 when she was 2, told The Washington Post. She questioned why the developers were not acting “with the same morality, conscience, and care … that they’d want for their own families.”

Sora’s videos have sparked agitation and disgust from many of the depicted celebrities’ loved ones, including actor Robin Williams’s daughter, Zelda Williams, who pleaded in an Instagram post recently for people to “stop sending me AI videos of dad.”"

OpenAI’s Sora Is in Serious Trouble; Futurism, October 10, 2025

Victor Tangermann, Futurism ; OpenAI’s Sora Is in Serious Trouble

"The cat was already out of the bag, though, sparking what’s likely to be immense legal drama for OpenAI. On Monday, the Motion Picture Association, a US trade association that represents major film studios, released a scorching statementurging OpenAI to “take immediate and decisive action” to stop the app from infringing on copyrighted media.

Meanwhile, OpenAI appears to have come down hard on what kind of text prompts can be turned into AI slop on Sora, implementing sweeping new guardrails presumably meant to appease furious rightsholders and protect their intellectual property.

As a result, power users experienced major whiplash that’s tarnishing the launch’s image even among fans. It’s a lose-lose moment for OpenAI’s flashy new app — either aggravate rightsholders by allowing mass copyright infringement, or turn it into yet another mind-numbing screensaver-generating experience like Meta’s widely mocked Vibes.

“It’s official, Sora 2 is completely boring and useless with these copyright restrictions. Some videos should be considered fair use,” one Reddit user lamented.

Others accused OpenAI of abusing copyright to hype up its new app...

How OpenAI’s eyebrow-raising ask-for-forgiveness-later approach to copyright will play out in the long term remains to be seen. For one, the company may already be in hot water, as major Hollywood studios have already started suing over less."

You Can’t Use Copyrighted Characters in OpenAI’s Sora Anymore and People Are Freaking Out; Gizmodo, October 8, 2025

AJ DELLINGER, Gizmodo; You Can’t Use Copyrighted Characters in OpenAI’s Sora Anymore and People Are Freaking Out

 "OpenAI may be able to appease copyright holders by shifting its Sora policies, but it’s now pissed off its users. As 404 Media pointed out, social channels like Twitter and Reddit are now flooded with Sora users who are angry they can’t make 10-second clips featuring their favorite characters anymore. One user in the OpenAI subreddit said that being able to play with copyrighted material was “the only reason this app was so fun.” Another claimed, “Moral policing and leftist ideology are destroying America’s AI industry.” So, you know, it seems like they’re handling this well."

It’s Sam Altman: the man who stole the rights from copyright. If he’s the future, can we go backwards?; The Guardian, October 10, 2025

 Marina Hyde , The Guardian; It’s Sam Altman: the man who stole the rights from copyright. If he’s the future, can we go backwards?

"I’ve seen it said that OpenAI’s motto should be “better to beg forgiveness than ask permission”, but that cosies it preposterously. Its actual motto seems to be “we’ll do what we want and you’ll let us, bitch”. Consider Altman’s recent political journey. “To anyone familiar with the history of Germany in the 1930s,” Sam warned in 2016, “it’s chilling to watch Trump in action.” He seems to have got over this in time to attend Donald Trump’s second inauguration, presumably because – if we have to extend his artless and predictable analogy – he’s now one of the industrialists welcome in the chancellery to carve up the spoils. “Thank you for being such a pro-business, pro-innovation president,” Sam simpered to Trump at a recent White House dinner for tech titans. “It’s a very refreshing change.” Inevitably, the Trump administration has refused to bring forward any AI regulation at all.

Meanwhile, please remember something Sam and his ironicidal maniacs said earlier this year, when it was suggested that the Chinese AI chatbot DeepSeek might have been trained on some of OpenAI’s work. “We are aware of and reviewing indications that DeepSeek may have inappropriately distilled our models, and will share information as we know more,” his firm’s anguished statement ran. “We take aggressive, proactive countermeasures to protect our technology.” Hilariously, it seemed that the last entity on earth with the power to fight AI theft was OpenAI."

OpenAI wasn’t expecting Sora’s copyright drama; The Verge, October 8, 2025

Hayden Field , The Verge; OpenAI wasn’t expecting Sora’s copyright drama

"When OpenAI released its new AI-generated video app Sora last week, it launched with an opt-out policy for copyright holders — media companies would need to expressly indicate they didn’t want their AI-generated characters running rampant on the app. But after days of Nazi SpongeBob, criminal Pikachu, and Sora-philosophizing Rick and Morty, OpenAI CEO Sam Altman announced the company would reverse course and “let rightsholders decide how to proceed.”

In response to a question about why OpenAI changed its policy, Altman said that it came from speaking with stakeholders and suggested he hadn’t expected the outcry.

“I think the theory of what it was going to feel like to people, and then actually seeing the thing, people had different responses,” Altman said. “It felt more different to images than people expected.”

OpenAI hastily retreats from gung-ho copyright policy after embarrassing Sora video output like AI Sam Altman surrounded by Pokémon saying 'I hope Nintendo doesn't sue us'; PC Gamer, October 5, 2025

Stevie Bonifield, PC Gamer ; OpenAI hastily retreats from gung-ho copyright policy after embarrassing Sora video output like AI Sam Altman surrounded by Pokémon saying 'I hope Nintendo doesn't sue us'

"This video is just one of many examples, but you'll have a much harder time finding Sora-generated videos containing Marvel or Disney characters. As reported by Automaton, Sora appears to be refusing prompts containing references to American IP, but Japanese IP didn't seem to be getting the same treatment over the past week.

Japanese lawyer and House of Representatives member Akihisa Shiozaki called for action to protect creatives in a post on X (formerly Twitter), which has been translated by Automaton: "I’ve tried out [Sora 2] myself, but I felt that it poses a serious legal and political problem. We need to take immediate action if we want to protect leading Japanese creators and the domestic content industry, and help them further develop. (I wonder why Disney and Marvel characters can’t be displayed).""

Sam Altman says Sora will add ‘granular,’ opt-in copyright controls; TechCrunch, October 4, 2025

Anthony Ha , TechCrunch; Sam Altman says Sora will add ‘granular,’ opt-in copyright controls

"OpenAI may be reversing course on how it approaches copyright and intellectual property in its new video app Sora.

Prior to Sora’s launch this week, The Wall Street Journal reported that OpenAI had been telling Hollywood studios and agencies that they needed to explicitly opt out if they didn’t want their IP to be included in Sora-generated videos.

Despite being invite-only, the app quickly climbed to the top of the App Store charts. Sora’s most distinctive feature may be its “cameos,” where users can upload their biometric data to see their digital likeness featured in AI-generated videos.

At the same time, users also seem to delight in flouting copyright laws by creating videos with popular, studio-owned characters. In some cases, those characters might even criticize the company’s approach to copyright, for example in videos where Pikachu and SpongeBob interact with deepfakes of OpenAI CEO Sam Altman.

In a blog post published Friday, Altman said the company is already planning two changes to Sora, first by giving copyright holders “more granular control over generation of characters, similar to the opt-in model for likeness but with additional controls.”"

OpenAI's new Sora video generator to require copyright holders to opt out, WSJ reports; Reuters, September 29, 2025

Reuters; OpenAI's new Sora video generator to require copyright holders to opt out, WSJ reports

"OpenAI is planning to release a new version of its Sora generator that creates videos featuring copyrighted material, unless rights holders opt out of having their work appear, the Wall Street Journal reported on Monday, citing people familiar with the matter.

The artificial intelligence startup began notifying talent agencies and studios over the past week about the opt-out process and the product, which it plans to release in the coming days, the report said.

The new process would mean movie studios and other intellectual property owners would have to explicitly ask OpenAI not to include their copyrighted material in videos Sora creates, according to the report."

Boston Public Library aims to increase access to a vast historic archive using AI; NPR, August 11, 2025

 Chloe Veltman, NPR ; Boston Public Library aims to increase access to a vast historic archive using AI

"Boston Public Library, one of the oldest and largest public library systems in the country, is launching a project this summer with OpenAI and Harvard Law School to make its trove of historically significant government documents more accessible to the public.

The documents date back to the early 1800s and include oral histories, congressional reports and surveys of different industries and communities...

Currently, members of the public who want to access these documents must show up in person. The project will enhance the metadata of each document and will enable users to search and cross-reference entire texts from anywhere in the world. 

Chapel said Boston Public Library plans to digitize 5,000 documents by the end of the year, and if all goes well, grow the project from there...

Harvard University said it could help. Researchers at the Harvard Law School Library's Institutional Data Initiative are working with libraries, museums and archives on a number of fronts, including training new AI models to help libraries enhance the searchability of their collections. 

AI companies help fund these efforts, and in return get to train their large language models on high-quality materials that are out of copyright and therefore less likely to lead to lawsuits. (Microsoft and OpenAI are among the many AI players targeted by recent copyright infringement lawsuits, in which plaintiffs such as authors claim the companies stole their works without permission.)"

AI guzzled millions of books without permission. Authors are fighting back.; The Washington Post, July 19, 2025

 Will Oremus , The Washington Post; AI guzzled millions of books without permission. Authors are fighting back.

[Kip Currier: I've written this before on this blog and I'll say it again: technology companies would never allow anyone to freely vacuum up their content and use it without permission or compensation. Period. Full Stop.]

[Excerpt]

"Baldacci is among a group of authors suing OpenAI and Microsoft over the companies’ use of their work to train the AI software behind tools such as ChatGPT and Copilot without permission or payment — one of more than 40 lawsuits against AI companies advancing through the nation’s courts. He and other authors this week appealed to Congress for help standing up to what they see as an assault by Big Tech on their profession and the soul of literature.

They found sympathetic ears at a Senate subcommittee hearing Wednesday, where lawmakers expressed outrage at the technology industry’s practices. Their cause gained further momentum Thursday when a federal judge granted class-action status to another group of authors who allege that the AI firm Anthropic pirated their books.

“I see it as one of the moral issues of our time with respect to technology,” Ralph Eubanks, an author and University of Mississippi professor who is president of the Authors Guild, said in a phone interview. “Sometimes it keeps me up at night.”

Lawsuits have revealed that some AI companies had used legally dubious “torrent” sites to download millions of digitized books without having to pay for them."

The Pentagon is throwing $200 million at ‘Grok for Government’ and other AI companies; Task & Purpose, July 14, 2025

 MATT WHITE , Task & Purpose; The Pentagon is throwing $200 million at ‘Grok for Government’ and other AI companies

"The Pentagon announced Monday it is going to spend almost $1 billion on “agentic AI workflows” from four “frontier AI” companies, including Elon Musk’s xAI, whose flagship Grok appeared to still be declaring itself “MechaHitler” as late as Monday afternoon.

In a press release, the Defense Department’s Chief Digital and Artificial Intelligence Office — or CDAO — said it will cut checks of up to $200 million each to tech giants Anthropic, Google, OpenAI and Musk’s xAI to work on:

• “critical national security challenges;”
• “joint mission essential tasks in our warfighting domain;”
• “DoD use cases.”

The release did not expand on what any of that means or how AI might help. Task & Purpose reached out to the Pentagon for details on what these AI agents may soon be doing and asked specifically if the contracts would include control of live weapons systems or classified information."

Study: Meta AI model can reproduce almost half of Harry Potter book; Ars Technica, June 20, 2025

TIMOTHY B. LEE  , Ars Techcnica; Study: Meta AI model can reproduce almost half of Harry Potter book

"In recent years, numerous plaintiffs—including publishers of books, newspapers, computer code, and photographs—have sued AI companies for training models using copyrighted material. A key question in all of these lawsuits has been how easily AI models produce verbatim excerpts from the plaintiffs’ copyrighted content.

For example, in its December 2023 lawsuit against OpenAI, The New York Times Company produced dozens of examples where GPT-4 exactly reproduced significant passages from Times stories. In its response, OpenAI described this as a “fringe behavior” and a “problem that researchers at OpenAI and elsewhere work hard to address.”

But is it actually a fringe behavior? And have leading AI companies addressed it? New research—focusing on books rather than newspaper articles and on different companies—provides surprising insights into this question. Some of the findings should bolster plaintiffs’ arguments, while others may be more helpful to defendants.

The paper was published last month by a team of computer scientists and legal scholars from Stanford, Cornell, and West Virginia University. They studied whether five popular open-weight models—three from Meta and one each from Microsoft and EleutherAI—were able to reproduce text from Books3, a collection of books that is widely used to train LLMs. Many of the books are still under copyright."

Copyright Cases Should Not Threaten Chatbot Users’ Privacy; Electronic Frontier Foundation (EFF), June 23, 2025

TORI NOBLE, Electronic Frontier Foundation (EFF); Copyright Cases Should Not Threaten Chatbot Users’ Privacy

"Like users of all technologies, ChatGPT users deserve the right to delete their personal data. Nineteen U.S. States, the European Union, and a host of other countries already protect users’ right to delete. For years, OpenAI gave users the option to delete their conversations with ChatGPT, rather than let their personal queries linger on corporate servers. Now, they can’t. A badly misguided court order in a copyright lawsuit requires OpenAI to store all consumer ChatGPT conversations indefinitely—even if a user tries to delete them. This sweeping order far outstrips the needs of the case and sets a dangerous precedent by disregarding millions of users’ privacy rights.

The privacy harms here are significant. ChatGPT’s 300+ million users submit over 1 billion messages to its chatbots per day, often for personal purposes. Virtually any personal use of a chatbot—anything from planning family vacations and daily habits to creating social media posts and fantasy worlds for Dungeons and Dragons games—reveal personal details that, in aggregate, create a comprehensive portrait of a person’s entire life. Other uses risk revealing people’s most sensitive information. For example, tens of millions of Americans use ChatGPT to obtain medical and financial information. Notwithstanding other risks of these uses, people still deserve privacy rights like the right to delete their data. Eliminating protections for user-deleted data risks chilling beneficial uses by individuals who want to protect their privacy."

OpenAI to appeal copyright ruling in NY Times case as Altman calls for 'AI privilege'; Foxbusiness, June 6, 2025

Bradford Betz, Foxbusiness; OpenAI to appeal copyright ruling in NY Times case as Altman calls for 'AI privilege'

"The OpenAI co-founder said the case has accelerated the need for a conversation about "AI privilege," in which "talking to an AI should be like talking to a lawyer or a doctor.""

Meta Faces Copyright Reckoning in Authors’ Generative AI Case; Bloomberg Law, April 30, 2025

 Isaiah Poritz, Annelise Levy, Bloomberg Law; Meta Faces Copyright Reckoning in Authors’ Generative AI Case

"The way courts will view the fair use argument for training generative artificial intelligence models with copyrighted materials will be tested Thursday in a San Francisco courtroom, when the first of dozens of such lawsuits reaches summary judgment.

Meta Platforms Inc. and a group of authors including comedian Sarah Silverman will square off before Judge Vince Chhabria, who will decide whether Meta’s use of pirated books to train its AI model Llama qualifies as fair use, or if the issue should be left to a jury."

OpenAI Copyright Suit Consolidation Portends Consistency, Risk; Bloomberg Law, April 8, 2025

Annelise Levy

, Kyle Jahner , Bloomberg Law; OpenAI Copyright Suit Consolidation Portends Consistency, Risk

"OpenAI Inc.'s tactical win consolidating a dozen copyright suits against it nevertheless carries risks for the company, as the matters proceed before a judge who’s already ruled against the company in key decisions.

The US Judicial Panel on Multidistrict Litigation last week centralized casesacross the country in the US District Court for the Southern District of New York for pretrial activity, which could include dispositive motions including summary judgment, as well as contentious discovery disputes that have been common among the cases.

“This will help create more consistency in the pre-trial outcomes, but it also means that you’ll get fewer tries from different plaintiffs to find a winning set of arguments,” Peter Henderson, an assistant professor at Princeton University, said in an email...

While streamlined, the pretrial proceedings figure to remain contentious as the parties press novel questions about how copyright laws apply to the game-changing generative AI technology. The disputes carry vast ramifications for companies reliant on millions of copyrighted works to train their models."

Judge calls out OpenAI’s “straw man” argument in New York Times copyright suit; Ars Technica, April 4, 2025

ASHLEY BELANGER , Ars Technica; Judge calls out OpenAI’s “straw man” argument in New York Times copyright suit

"Essentially, the judge agreed with the NYT that OpenAI has not yet provided any evidence that the newspaper knew how ChatGPT would perform until the product was out in the wild. Therefore, he denied OpenAI's motion to dismiss those claims as time-barred, while denouncing as a "straw man" an OpenAI argument that the NYT, "as a 'sophisticated publisher,' had a duty 'to take prompt action after being put on notice of what it now claims to be alleged infringement.'""

ChatGPT's new image generator blurs copyright lines; Axios, March 28, 2025

Ina Fried, Axios; ChatGPT's new image generator blurs copyright lines

"AI image generators aren't new, but the one OpenAI handed to ChatGPT's legions of users this week is more powerful and has fewer guardrails than its predecessors — opening up a range of uses that are both tantalizing and terrifying."

• 
  

Judge allows 'New York Times' copyright case against OpenAI to go forward; NPR, March 27, 2025

Bobby Allyn, NPR ; Judge allows 'New York Times' copyright case against OpenAI to go forward

"A federal judge on Wednesday rejected OpenAI's request to toss out a copyright lawsuit from The New York Times that alleges that the tech company exploited the newspaper's content without permission or payment.

In an order allowing the lawsuit to go forward, Judge Sidney Stein, of the Southern District of New York, narrowed the scope of the lawsuit but allowed the case's main copyright infringement claims to go forward.

Stein did not immediately release an opinion but promised one would come "expeditiously."

The decision is a victory for the newspaper, which has joined forces with other publishers, including The New York Daily News and the Center for Investigative Reporting, to challenge the way that OpenAI collected vast amounts of data from the web to train its popular artificial intelligence service, ChatGPT."