After plaintiffs in the Texas READER law case asked for a ontinuance due to a scheduling conflict, the US Court of Appeals for the Fifth Circuit updated the schedule for the state’s appeal. Now the case will not be fully briefed until November 20, with oral arguments scheduled for November 29 (previously scheduled for November 8). In the meantime, the book banning law remains in place, even though Judge Alan D. Albright issued an injunction and ruled the law unconstitutional in September. The merits panel can rule on the stay of the injunction at any time, from when they get the […]
Legal
Texas Court Sets November 8 Hearing
The US Court of Appeals for the Fifth Circuit in Texas has agreed to expedite oral arguments in the appeal of the preliminary injunction blocking the state of Texas’s cumbersome “READER” book banning law. (The injunction was stayed pending appeal, meaning the law is in force until further action from the appeals court.) A full schedule has the case due to be fully briefed by November 3.
Authors Respond to OpenAI’s Defense
Attorneys for authors Paul Tremblay, Sarah Silverman, Christopher Golden, and Richard Kadrey have filed a new brief in their lawsuit against OpenAI, the makers of ChatGPT, refuting the company’s initial defense. Last month OpenAI moved to dismiss the plaintiffs’ “ancillary” claims, hoping to focus on the core question of copyright infringement. In response, the plaintiffs ask the court to dismiss the motion, and “challenge OpenAI’s position that it should be allowed to train its generative AI products using anyone’s name and copyrighted literary works, without consent, for free, forever.” “In this case, the copyrighted works of a class of millions […]
Stay
The US Court of Appeals for the Fifth Circuit in Texas formally issued a temporary administrative stay of Judge Alan D. Albright’s clear and unambiguous preliminary injunction blocking implementation of Texas’s cumbersome “READER” book banning law. The court is expected to decide further on whether or not to stay the original order pending the full appeal after the issue is fully briefed in early October.
Still Another Lawsuit: Authors Guild Sues OpenAI In New York
Following three similar suits filed in San Francisco (and thus in California’s sometimes unpredictable Ninth Circuit), on Tuesday the Authors Guild and a roster of well-known authors filed suit in New York’s Southern District against OpenAI for the “flagrant and harmful infringements of plaintiffs’ registered copyrights in written works of fiction” in training their large language models. The Guild and named plaintiffs David Baldacci, Mary Bly, Michael Connelly, Sylvia Day, Jonathan Franzen, John Grisham, Elin Hilderbrand, Christina Baker Kline, Maya Shanbhag Lang, Victor Lavalle, George R.R. Martin, Jodi Picoult, Douglas Preston, Roxana Robinson, George Saunders, Scott Turow and Rachel Vail […]
Texas Judge Explains Order Blocking Book Ban Law
On Monday, Judge Alan D. Albright of the US District Court for the Western District of Texas, Austin Division filed his full order blocking “READER,” a state book banning law that would require retailers to review and rate millions of books according to vague state standards for obscene content (ratings that the state could change anyway). The court ruled that the state could not delegate the rating of books to third parties, holding that it violates the First Amendment as “compelled speech.” In the preliminary injunction, the judge all but calls the Texas law dumb: “For whatever reason, Texas chose […]