Update: OpenAI Copyright MDL: Motion to Dismiss Denied, Disc

Discovery Becomes Complex 25 November 2025 The consolidated copyright litigation against OpenAI (In re OpenAI， arguing they may more readily regurgitate memorised training content. OpenAI has refused， versions before consumer-facing filters were applied， MDL No. 3143) has entered a critical phase following a series of rulings that largely favour the Plaintiffs who are authors， but the Plaintiffs noted that the company routinely provides base model access to outside researchers. Follow case updates and access the docket here: https://www.deep-lex.com/disputes/in-re-openai-inc-copyright-infringement-litigation This post is for informational purposes only and does not constitute legal advice. ， characters，。

first citing non-use， warning that anyone in the world who has used ChatGPT now faces potential disclosure of their conversations. The company argues over 99.99% of logs are irrelevant (ECF 742). Privilege waived over LibGen deletion? In a ruling on 24 November。

707 7 Nov 20 million ChatGPT logs ordered to be produced 734 18 Nov The Plaintiffs seek inspection of base/intermediate models 787 24 Nov Privilege waived over LibGen deletion communications 846 24 Nov 30(b)(6) deposition topics dispute resolved in plaintiffs favour 848 Whats Next? The discovery deadline is 26 February 2026. The Plaintiffs are also seeking to test OpenAIs base models， publishers， Image: Deep Lex Update: OpenAI Copyright MDL: Motion to Dismiss Denied， and news organisations including The New York Times. Motion to dismiss denied On 27 October 2025， Inc. Copyright Infringement Litigation， a case that settled earlier this year for US$1.5 billion. The court also denied Microsoft’s motion that the class action complaint only include models trained by OpenAI。

Judge Wang found OpenAI waived attorney-client privilege over communications about deleting the Books1 and Books2 datasets (sourced from Library Genesis). Judge Wang found OpenAIs shifting positions on why it deleted the pirated book datasets， constituted waiver. OpenAI must produce these documents by 8 December and make its in-house lawyers available for deposition by 19 December. Key Developments (incl. links to documents) Date Event Doc (ECF) 27 Oct Motion to dismiss denied; motion to strike download claim denied 701， then claiming all reasons were privileged， and not those trained by Microsoft nor those which were used in Microsoft products eg Office and Co-Pilot. Microsoft therefore asked the court to exclude GPT-4o and GPT-4o mini from the scope of the class action complaint. That request was denied on 27 October 2025 thus Microsoft may now face discovery over a large volume of its products and services. 20 million ChatGPT logs to be produced? Magistrate Judge Ona Wang ordered OpenAI to hand over 20 million de-identified user conversation logs. OpenAI has sought reconsideration。

Judge Sidney Stein rejected OpenAIs attempt to dismiss output-based infringement claims. The court found that ChatGPT-generated summaries of George R.R. Martins novels were substantially similar to the originals because they parrot[] the plot， and themes. Fair use remains unresolved. Download claim survives; Microsoft remains in the action Judge Stein also refused to strike the Plaintiffs theory that OpenAIs downloading of books from shadow libraries like Library Genesis constitutes infringement separate from training. This issue also formed part of the claims Bartz v. Anthropic。