3 Count: Serious Sanctions

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1: Sun Sentinel, Other News Outlets Seek ‘Serious Sanctions’ Against OpenAI in Copyright Suit

First off today, Molly Crane Newman at the South Florida Sun-Sentinel reports that the New York Times and other plaintiffs (including the Sun-Sentinel) have asked the court to impose “serious sanctions” against OpenAI, alleging that the company knowingly destroyed evidence related to their case.

The papers sued OpenAI (as well as Microsoft) in December 2023, alleging that the company infringed on their copyrights by using their works to train various AI systems and tools. However, after re-deposing a witness in the case, the papers now say that OpenAI destroyed chat logs and other evidence related to the case.

As such, they are asking the court to impose sanctions against OpenAI and for special jury instructions related to the alleged destruction. 

2: French Antitrust Watchdog Orders Meta to Resume Talks With Media Groups Over Publishing Fees

Next up today, Forrest Crellin at Reuters reports that France’s competition watchdog has ordered Meta, the parent company of Facebook and Instagram, to resume talks with various French news organizations who say that they have not been paid content usage fees for over a year.

The complaint was filed by the French media associations DVP and APIG. They allege that Meta attempted to establish its own standard for calculating fees and refused to provide information to publishers. As such, the previous deal between the organizations expired in 2024, and no new deal has been reached. 

Under EU law, news publishers are entitled to “neighboring rights,” which allow them to collect fees for the use of their content on digital platforms. The order forces Meta back to the negotiating table with the media groups, with the intent of reaching a new deal that includes backpay and future usage fees.

3: Sam Smith & Normani Try Again to Dismiss ‘Dancing With a Stranger’ Copyright Lawsuit: ‘Fatal Defect’

Finally today, Rachel Scharf at Billboard reports that Sam Smith and Normani a filed a motion for summary judgment in their ongoing copyright infringement lawsuit against fellow musician Jordan Vincent.

Vincent sued the duo, alleging that their hit song Dancing With a Stranger was an infringement of his earlier song, Dancing with Strangers. The judge originally dismissed the case, saying that the works were not substantially similar. However, the was revived on appeal, sending it back to the lower court.

Now the defendants are claiming that the plaintiff never proved that they had access to the work. They allege that, without such access, the copyright infringement claim fails.

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