A note from Re:Create: Making sense of the OpenAI amicus avalanche

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Read the full post at Re:Create.

For folks watching the AI litigation horizon for signs and portents of the future of fair use (it’s not just me, right?), this past Friday was a big day: the deadline for filing amicus briefs in In Re Open AI, Inc, Copyright Infringement Litigation. OpenAI holds the distinction of being a defendant in a plurality of the 150+ AI lawsuits currently winding their way through the federal courts, several of which have been consolidated into a single proceeding before Judge Sidney H. Stein in the Southern District of New York. That consolidation of claims from book authors and news publishers attracted the efforts of a wide variety of ‘friends of the court,’ who shared their perspectives in an avalanche of over 50 amicus briefs.

A good amicus brief presents the court with technical, legal, or policy information that the parties have not already addressed. Many of the briefs filed on Friday fit that description, though some briefs added more than others.

Naturally there are already a couple of very nice vibe-coded dashboards that allow you to browse these briefs and see various summaries of their contents. Re:Create highlighted member and ally briefs in a memo, Ed Lee has a simple one that lets you find and view briefs much more easily than the unwieldy docket view on Courtlistener, and the Chamber of Progress has a more elaborate dashboard that lets you view the briefs by issue and argument across a number of dimensions. Below is my artisanal take, grouping the briefs into a handful of categories based on my own sense of their essential character:

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