OpenAI Wins Key Discovery Battle as It Gains Ground Against Authors in AI Lawsuits

It was a highly contentious ruling, one that could’ve changed the course of not only this case but others against AI companies. The court had just ruled that OpenAI waived attorney-client privilege by denying allegations that it knowingly infringed upon the copyrights of authors whose books it illegally downloaded. The finding opened the door to internal communications behind the company’s deletion of two huge datasets of pirated books, potentially exposing it to massive damages. Its in-house legal team was set to be deposed.

OpenAI immediately appealed the ruling, bringing on Lisa Blatt, a veteran of the Supreme Court bar who counts Google, Bank of America and Starbucks as clients. In her brief, she delivered a dire warning: the decision, if allowed to stand, will eviscerate assertions of privilege in any copyright case involving what’s known as state of mind, an analysis used to determine whether a defendant…