There’s “no solution” for the “core deficiency” in the New York Times’ copyright infringement complaint in that it alleges “not a single real-world instance of someone using the GPT-based products” in a way that violates the Times’ rights or “harms its interests,” said Microsoft’s reply memorandum Monday (docket 1:23-cv-11195) in U.S. District Court for Southern New York in Manhattan in support of its motion to dismiss (see 2403050038).

Former GOP presidential candidate Vivek Ramaswamy opposes Telephone Consumer Protection Act plaintiff Thomas Grant's motion for limited expedited discovery to preserve relevant records of calls that Ramaswamy’s campaign, Vivek 2024, made to Grant and his putative class, said Ramaswamy’s opposition Friday (docket 2:24-cv-00281) in U.S. District Court for Southern Ohio in Columbus.

Internet Archive's theory that its controlled digital lending (CDL) program is protected by fair use under the Copyright Act would have “devastating consequences” for the music, movie and news media industries if the 2nd U.S. Circuit Appeals Court reversed a lower court's decision, said an amicus brief Friday (docket 23-1260) from the Recording Industry Association of America, National Music Publishers’ Association, Motion Picture Association and the News/Media Alliance.

A day after DOJ and the attorneys general of 15 states and the District of Columbia sued to challenge Apple’s alleged monopoly power in the smartphone market (see 2403210042), two class actions were filed Friday in New Jersey and California to address Apple’s allegedly anticompetitive and exclusionary conduct. A fourth action was filed Saturday in California.

Roswell, Georgia, is pushing back against T-Mobile’s resistance to the city’s motion to substitute a new RF engineering expert witness after its previous expert resigned suddenly March 2, saying the job was too stressful (see 2403180002).

SolarWinds responded in December 2020 “just as a public company should” when it learned it had suffered an “extraordinarily sophisticated cyberattack” by the Russian government, said the company’s memorandum of law Friday (docket 1:23-cv-09518) in U.S. District Court for Southern New York in Manhattan in support of its motion to dismiss the SEC’s amended securities fraud complaint.

Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.

NCTA is seeking to intervene in support of the FCC and against four petitions for review consolidated in the 8th U.S. Circuit Court of Appeals challenging the FCC’s Dec. 26 quadrennial review order for allegedly violating Section 202(h) of the Telecommunications Act, said NCTA's unopposed motion Monday.

YouTuber Donald Nicodemus’ appeal to reverse the district court’s denial of his motion for an injunction to block Indiana’s “buffer law,” HB-1186, implicates the law’s “First Amendment abridgments,” said the Radio Television Digital News Association, the National Press Photographers Association and four other news media organizations in an amicus brief (docket 24-1009) in the 7th U.S. Circuit Court of Appeals in support of Nicodemus.

AT&T aided hackers in stealing over $300,000 from a customer’s cryptocurrency account by helping them clone his mobile phone “at least three times,” alleged a complaint Thursday (docket 1:24-cv-00802) in U.S. District Court for Colorado in Denver.