24-05-20 NYT memorandum of law iso m4l2f FAC
- Contributed by
- Florian Mueller (aifray)
p. 1
1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
THE NEW YORK TIMES COMPANY
Civil Action No. 1:23-cv-11195-SHS
MEMORANDUM OF LAW IN
SUPPORT OF MOTION FOR
LEAVE TO FILE FIRST
AMENDED COMPLAINT
Plaintiff,
v.
MICROSOFT CORPORATION, OPENAI, INC.,
OPENAI LP, OPENAI GP, LLC, OPENAI, LLC,
OPENAI OPCO LLC, OPENAI GLOBAL LLC,
OAI CORPORATION, LLC, and OPENAI
HOLDINGS, LLC,
Defendants.
Pursuant to Federal Rule of Civil Procedure 15, Plaintiff The New York Times Company
(“The Times”) seeks leave to file its First Amended Complaint (“FAC”). A redline of the FAC is
attached as Exhibit A to the concurrently filed Declaration of Ian Crosby,
As indicated in Exhibit A, the only substantive amendments proposed pertain to the
exhibits to the FAC. The effect of these proposed amendments is to (1) correct errors in the
identification of copyright registration numbers for previously asserted works, and (2) to add
approximately 7 million additional works to the suit. These additional works comprise
approximately 3.4 million works registered from April 1928 through August 1950, approximately
3.6 million works registered from September 1950 through September 2023, and approximately
10,000 works registered from October 2023 through January 2024. The suit previously comprised
over 3 million works from September 1950 through September 2023. The proposed amendment
will not affect the schedule that the Court has set for hearing the threshold fair use question because
the answer to that question does not turn on the number of works asserted.
Case 1:23-cv-11195-SHS Document 118-1 Filed 05/20/24 Page 1 of 4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
THE NEW YORK TIMES COMPANY
Civil Action No. 1:23-cv-11195-SHS
MEMORANDUM OF LAW IN
SUPPORT OF MOTION FOR
LEAVE TO FILE FIRST
AMENDED COMPLAINT
Plaintiff,
v.
MICROSOFT CORPORATION, OPENAI, INC.,
OPENAI LP, OPENAI GP, LLC, OPENAI, LLC,
OPENAI OPCO LLC, OPENAI GLOBAL LLC,
OAI CORPORATION, LLC, and OPENAI
HOLDINGS, LLC,
Defendants.
Pursuant to Federal Rule of Civil Procedure 15, Plaintiff The New York Times Company
(“The Times”) seeks leave to file its First Amended Complaint (“FAC”). A redline of the FAC is
attached as Exhibit A to the concurrently filed Declaration of Ian Crosby,
As indicated in Exhibit A, the only substantive amendments proposed pertain to the
exhibits to the FAC. The effect of these proposed amendments is to (1) correct errors in the
identification of copyright registration numbers for previously asserted works, and (2) to add
approximately 7 million additional works to the suit. These additional works comprise
approximately 3.4 million works registered from April 1928 through August 1950, approximately
3.6 million works registered from September 1950 through September 2023, and approximately
10,000 works registered from October 2023 through January 2024. The suit previously comprised
over 3 million works from September 1950 through September 2023. The proposed amendment
will not affect the schedule that the Court has set for hearing the threshold fair use question because
the answer to that question does not turn on the number of works asserted.
Case 1:23-cv-11195-SHS Document 118-1 Filed 05/20/24 Page 1 of 4