Category: News

  • Paramount Pitches Judge On November Start Of WBD Merger Antitrust Trial, While State AGs & WGA Propose April

    Paramount Pitches Judge On November Start Of WBD Merger Antitrust Trial, While State AGs & WGA Propose April

    Paramount wants a trial to start in November in the antitrust lawsuit brought by a dozen state attorneys general and the Writers Guild America. Not surprisingly, the state AGs and the guild want an April start to the proceedings.

    The sides outlined their proposals ina joint filing Friday, with the ultimate decision on scheduling left to the federal judge in the case, Araceli Martinez-Olguin.

    “The parties have discussed the trial schedule, but they have not reached agreement,” the parties wrote.

    The trial dates are hugely important for the transaction, and even Paramount’s proposed date likely will cost the company hundreds of millions. After September 30, Paramount will be on the hook for about $7 million for every day that the transaction doesn’t close, under an agreement with WBD that was a sweetener to the deal.

    A Paramount spokesperson said, “Our request for a November trial date is more than sufficient to give both sides the time they need to conduct discovery, gather evidence, and prepare for trial. Plaintiffs’ request to delay proceedings until April is nothing more than a stonewalling tactic that goes well beyond the timelines sought in similar prior proceedings and ignores the substantial evidence plaintiffs have already received in this matter. Delay will also harm the many individuals outside this courtroom who will be denied the expanded content offerings and industry stability that a combined Paramount-WBD promises to bring.”

    California Attorney General Rob Bonta, who is leading 12 states in the lawsuit, said in a statement, “Our challenge to the unlawful Warner Bros./Paramount merger is a clean-cut antitrust challenge through and through: it’s about protecting the vibrancy of an industry, the pockets of consumers, and the quality of films and television programs that take center stage in many of our lives. This challenge deserves careful and thorough review and today my office and attorneys general across the country asked the court for a trial date next spring. We are eager to continue to make our case and look forward to a final determination of the schedule by the court.”

    Last week, Paramount said it would not close the merger until June 1, 2027, or until days after the legal issues are resolved, and indicated it wanted to go directly to trial. Its announcement came just days after the judge granted the state AGs a temporary restraining order that prohibited the transaction from closing for 14 days, an order that was later extended to 28 days.

    The company spokeswoman said a trial “on the merits is the best and most direct way for us to prove what we’ve said from the start — this transaction is lawful, pro-competitive, and raises no antitrust concerns.”

    In the filing Friday, Paramount proposed a 12-day trial starting November 4 that would encompass the cases brought by the states and the WGA.

    Paramount also noted that the later date would give the judge “much less time to decide” the case by June, the outside date it had set for the merger to close, as well as time for the company to appeal.

    Among other things, they noted that the DOJ’s antitrust case seeking to block AT&T’s merger with Time Warner went to trial on March 19, 2018, four months after the federal government brought the case. Makan Delrahim, who is Paramount’s chief legal officer, was then the chief of the DOJ’s antitrust division; on the other side was attorney Daniel Petrocelli, representing Time Warner, and now representing WBD in this case.

    The company also noted that Bonta had last week favored a January trial start, but now was proposing a date four months later.

    “Given the stakes of this case, there is no basis and no time to delay for the sake of delay, particularly when delay significantly prejudices Defendants and the Hollywood ecosystem more broadly,” Paramount’s legal team wrote in the filing.

    The company also argued that Paramount and the WGA will have had sufficient time for discovery.

    Paramount’s legal team wrote, “State Plaintiffs had six-plus months before they filed their complaint to conduct unilateral discovery regarding the proposed transaction. State Plaintiffs also had the benefit of waivers granted by Defendants to enable the U.S. Department of Justice (DOJ) to share with State Plaintiffs all information and materials that Defendants produced to the DOJ. In sum, the discovery that State Plaintiffs received many months ago includes over two million documents from more than 80 of Defendants’ employees.”

    The company’s legal team noted that the later date would require them to refile merger materials with the Justice Department, which has already cleared the transaction, and that it would leave the creative community in a period of uncertainty, as Paramount plans to boost production to 30 films per year.

    The state AGs and WGA proposed a start of April 5, 2027, lasting at least 12-15 days, with each plaintiff presenting their cases sequentially.

    The state plaintiffs wrote that extensive discovery is needed, including of “the definition of the relevant product and geographic markets, the nature and scope of harm in those markets, whether expansion by other firms will prevent harm in those markets, and whether the merger will produce verifiable, merger-specific efficiencies sufficient to outweigh harm in those markets.”

    They pointed specifically to areas like Paramount’s assertion that the merger will generate billions in synergies, “a claim that Plaintiff States are entitled to test in discovery, including discovery of Defendants’ integration plans for their merged company.”

    The states noted that Paramount’s document productions “largely cut off” before the merger agreement was signed in February, leaving the plaintiffs with few internal documents about post-closing plans.

    The state AGs wrote, “Defendants’ pre-complaint productions also do nothing to address the need for discovery from third party customers and competitors. Importantly, no depositions of percipient fact witnesses from Defendants or third parties have occurred.”

    The states also contended that their schedule was “reasonable,” claiming that the 402 days from the signing of the merger agreement on February 27 to the proposed trial date “moves this case to trial more rapidly than virtually every merger case in recent history.” The AT&T-Time Warner trial started 513 days after the merger deal was signed, they noted, as opposed to when the DOJ lawsuit was filed. The state AGs also wrote that an April trial would still leave the judge with time to decide the case by June.

    The state AGs also called Paramount’s proposed schedule “one-sided,” arguing, “Their extraordinarily truncated schedule unfairly favors Defendants because they (1) have information Plaintiff States need to prove their case and (2) do not bear the burden of persuasion.”

  • Paramount Pitches Judge On November Start Of WBD Merger Antitrust Trial, While State AGs & WGA Propose April

    Paramount Pitches Judge On November Start Of WBD Merger Antitrust Trial, While State AGs & WGA Propose April

    Paramount wants a trial to start in November in the antitrust lawsuit brought by a dozen state attorneys general and the Writers Guild America. Not surprisingly, the state AGs and the guild want an April start to the proceedings.

    The sides outlined their proposals ina joint filing Friday, with the ultimate decision on scheduling left to the federal judge in the case, Araceli Martinez-Olguin.

    “The parties have discussed the trial schedule, but they have not reached agreement,” the parties wrote.

    The trial dates are hugely important for the transaction, and even Paramount’s proposed date likely will cost the company hundreds of millions. After September 30, Paramount will be on the hook for about $7 million for every day that the transaction doesn’t close, under an agreement with WBD that was a sweetener to the deal.

    A Paramount spokesperson said, “Our request for a November trial date is more than sufficient to give both sides the time they need to conduct discovery, gather evidence, and prepare for trial. Plaintiffs’ request to delay proceedings until April is nothing more than a stonewalling tactic that goes well beyond the timelines sought in similar prior proceedings and ignores the substantial evidence plaintiffs have already received in this matter. Delay will also harm the many individuals outside this courtroom who will be denied the expanded content offerings and industry stability that a combined Paramount-WBD promises to bring.”

    California Attorney General Rob Bonta, who is leading 12 states in the lawsuit, said in a statement, “Our challenge to the unlawful Warner Bros./Paramount merger is a clean-cut antitrust challenge through and through: it’s about protecting the vibrancy of an industry, the pockets of consumers, and the quality of films and television programs that take center stage in many of our lives. This challenge deserves careful and thorough review and today my office and attorneys general across the country asked the court for a trial date next spring. We are eager to continue to make our case and look forward to a final determination of the schedule by the court.”

    Last week, Paramount said it would not close the merger until June 1, 2027, or until days after the legal issues are resolved, and indicated it wanted to go directly to trial. Its announcement came just days after the judge granted the state AGs a temporary restraining order that prohibited the transaction from closing for 14 days, an order that was later extended to 28 days.

    The company spokeswoman said a trial “on the merits is the best and most direct way for us to prove what we’ve said from the start — this transaction is lawful, pro-competitive, and raises no antitrust concerns.”

    In the filing Friday, Paramount proposed a 12-day trial starting November 4 that would encompass the cases brought by the states and the WGA.

    Paramount also noted that the later date would give the judge “much less time to decide” the case by June, the outside date it had set for the merger to close, as well as time for the company to appeal.

    Among other things, they noted that the DOJ’s antitrust case seeking to block AT&T’s merger with Time Warner went to trial on March 19, 2018, four months after the federal government brought the case. Makan Delrahim, who is Paramount’s chief legal officer, was then the chief of the DOJ’s antitrust division; on the other side was attorney Daniel Petrocelli, representing Time Warner, and now representing WBD in this case.

    The company also noted that Bonta had last week favored a January trial start, but now was proposing a date four months later.

    “Given the stakes of this case, there is no basis and no time to delay for the sake of delay, particularly when delay significantly prejudices Defendants and the Hollywood ecosystem more broadly,” Paramount’s legal team wrote in the filing.

    The company also argued that Paramount and the WGA will have had sufficient time for discovery.

    Paramount’s legal team wrote, “State Plaintiffs had six-plus months before they filed their complaint to conduct unilateral discovery regarding the proposed transaction. State Plaintiffs also had the benefit of waivers granted by Defendants to enable the U.S. Department of Justice (DOJ) to share with State Plaintiffs all information and materials that Defendants produced to the DOJ. In sum, the discovery that State Plaintiffs received many months ago includes over two million documents from more than 80 of Defendants’ employees.”

    The company’s legal team noted that the later date would require them to refile merger materials with the Justice Department, which has already cleared the transaction, and that it would leave the creative community in a period of uncertainty, as Paramount plans to boost production to 30 films per year.

    The state AGs and WGA proposed a start of April 5, 2027, lasting at least 12-15 days, with each plaintiff presenting their cases sequentially.

    The state plaintiffs wrote that extensive discovery is needed, including of “the definition of the relevant product and geographic markets, the nature and scope of harm in those markets, whether expansion by other firms will prevent harm in those markets, and whether the merger will produce verifiable, merger-specific efficiencies sufficient to outweigh harm in those markets.”

    They pointed specifically to areas like Paramount’s assertion that the merger will generate billions in synergies, “a claim that Plaintiff States are entitled to test in discovery, including discovery of Defendants’ integration plans for their merged company.”

    The states noted that Paramount’s document productions “largely cut off” before the merger agreement was signed in February, leaving the plaintiffs with few internal documents about post-closing plans.

    The state AGs wrote, “Defendants’ pre-complaint productions also do nothing to address the need for discovery from third party customers and competitors. Importantly, no depositions of percipient fact witnesses from Defendants or third parties have occurred.”

    The states also contended that their schedule was “reasonable,” claiming that the 402 days from the signing of the merger agreement on February 27 to the proposed trial date “moves this case to trial more rapidly than virtually every merger case in recent history.” The AT&T-Time Warner trial started 513 days after the merger deal was signed, they noted, as opposed to when the DOJ lawsuit was filed. The state AGs also wrote that an April trial would still leave the judge with time to decide the case by June.

    The state AGs also called Paramount’s proposed schedule “one-sided,” arguing, “Their extraordinarily truncated schedule unfairly favors Defendants because they (1) have information Plaintiff States need to prove their case and (2) do not bear the burden of persuasion.”

  • US drops charges against Olympian for damage to Reflecting Pool

    US drops charges against Olympian for damage to Reflecting Pool

    NewsFeed

    The US Department of Justice has moved to dismiss its case against Olympian David Hearn over damage to the Reflecting Pool in Washington DC. The DOJ says new evidence points to flawed installation by the contractor, not vandalism.

  • Paramount Pitches Judge On November Start Of WBD Merger Antitrust Trial, While State AGs & WGA Propose April

    Paramount Pitches Judge On November Start Of WBD Merger Antitrust Trial, While State AGs & WGA Propose April

    Paramount wants a trial to start in November in the antitrust lawsuit brought by a dozen state attorneys general and the Writers Guild America. Not surprisingly, the state AGs and the guild want an April start to the proceedings.

    The sides outlined their proposals ina joint filing Friday, with the ultimate decision on scheduling left to the federal judge in the case, Araceli Martinez-Olguin.

    “The parties have discussed the trial schedule, but they have not reached agreement,” the parties wrote.

    The trial dates are hugely important for the transaction, and even Paramount’s proposed date likely will cost the company hundreds of millions. After September 30, Paramount will be on the hook for about $7 million for every day that the transaction doesn’t close, under an agreement with WBD that was a sweetener to the deal.

    A Paramount spokesperson said, “Our request for a November trial date is more than sufficient to give both sides the time they need to conduct discovery, gather evidence, and prepare for trial. Plaintiffs’ request to delay proceedings until April is nothing more than a stonewalling tactic that goes well beyond the timelines sought in similar prior proceedings and ignores the substantial evidence plaintiffs have already received in this matter. Delay will also harm the many individuals outside this courtroom who will be denied the expanded content offerings and industry stability that a combined Paramount-WBD promises to bring.”

    California Attorney General Rob Bonta, who is leading 12 states in the lawsuit, said in a statement, “Our challenge to the unlawful Warner Bros./Paramount merger is a clean-cut antitrust challenge through and through: it’s about protecting the vibrancy of an industry, the pockets of consumers, and the quality of films and television programs that take center stage in many of our lives. This challenge deserves careful and thorough review and today my office and attorneys general across the country asked the court for a trial date next spring. We are eager to continue to make our case and look forward to a final determination of the schedule by the court.”

    Last week, Paramount said it would not close the merger until June 1, 2027, or until days after the legal issues are resolved, and indicated it wanted to go directly to trial. Its announcement came just days after the judge granted the state AGs a temporary restraining order that prohibited the transaction from closing for 14 days, an order that was later extended to 28 days.

    The company spokeswoman said a trial “on the merits is the best and most direct way for us to prove what we’ve said from the start — this transaction is lawful, pro-competitive, and raises no antitrust concerns.”

    In the filing Friday, Paramount proposed a 12-day trial starting November 4 that would encompass the cases brought by the states and the WGA.

    Paramount also noted that the later date would give the judge “much less time to decide” the case by June, the outside date it had set for the merger to close, as well as time for the company to appeal.

    Among other things, they noted that the DOJ’s antitrust case seeking to block AT&T’s merger with Time Warner went to trial on March 19, 2018, four months after the federal government brought the case. Makan Delrahim, who is Paramount’s chief legal officer, was then the chief of the DOJ’s antitrust division; on the other side was attorney Daniel Petrocelli, representing Time Warner, and now representing WBD in this case.

    The company also noted that Bonta had last week favored a January trial start, but now was proposing a date four months later.

    “Given the stakes of this case, there is no basis and no time to delay for the sake of delay, particularly when delay significantly prejudices Defendants and the Hollywood ecosystem more broadly,” Paramount’s legal team wrote in the filing.

    The company also argued that Paramount and the WGA will have had sufficient time for discovery.

    Paramount’s legal team wrote, “State Plaintiffs had six-plus months before they filed their complaint to conduct unilateral discovery regarding the proposed transaction. State Plaintiffs also had the benefit of waivers granted by Defendants to enable the U.S. Department of Justice (DOJ) to share with State Plaintiffs all information and materials that Defendants produced to the DOJ. In sum, the discovery that State Plaintiffs received many months ago includes over two million documents from more than 80 of Defendants’ employees.”

    The company’s legal team noted that the later date would require them to refile merger materials with the Justice Department, which has already cleared the transaction, and that it would leave the creative community in a period of uncertainty, as Paramount plans to boost production to 30 films per year.

    The state AGs and WGA proposed a start of April 5, 2027, lasting at least 12-15 days, with each plaintiff presenting their cases sequentially.

    The state plaintiffs wrote that extensive discovery is needed, including of “the definition of the relevant product and geographic markets, the nature and scope of harm in those markets, whether expansion by other firms will prevent harm in those markets, and whether the merger will produce verifiable, merger-specific efficiencies sufficient to outweigh harm in those markets.”

    They pointed specifically to areas like Paramount’s assertion that the merger will generate billions in synergies, “a claim that Plaintiff States are entitled to test in discovery, including discovery of Defendants’ integration plans for their merged company.”

    The states noted that Paramount’s document productions “largely cut off” before the merger agreement was signed in February, leaving the plaintiffs with few internal documents about post-closing plans.

    The state AGs wrote, “Defendants’ pre-complaint productions also do nothing to address the need for discovery from third party customers and competitors. Importantly, no depositions of percipient fact witnesses from Defendants or third parties have occurred.”

    The states also contended that their schedule was “reasonable,” claiming that the 402 days from the signing of the merger agreement on February 27 to the proposed trial date “moves this case to trial more rapidly than virtually every merger case in recent history.” The AT&T-Time Warner trial started 513 days after the merger deal was signed, they noted, as opposed to when the DOJ lawsuit was filed. The state AGs also wrote that an April trial would still leave the judge with time to decide the case by June.

    The state AGs also called Paramount’s proposed schedule “one-sided,” arguing, “Their extraordinarily truncated schedule unfairly favors Defendants because they (1) have information Plaintiff States need to prove their case and (2) do not bear the burden of persuasion.”

  • Paramount Pitches Judge On November Start Of WBD Merger Antitrust Trial, While State AGs & WGA Propose April

    Paramount Pitches Judge On November Start Of WBD Merger Antitrust Trial, While State AGs & WGA Propose April

    Paramount wants a trial to start in November in the antitrust lawsuit brought by a dozen state attorneys general and the Writers Guild America. Not surprisingly, the state AGs and the guild want an April start to the proceedings.

    The sides outlined their proposals ina joint filing Friday, with the ultimate decision on scheduling left to the federal judge in the case, Araceli Martinez-Olguin.

    “The parties have discussed the trial schedule, but they have not reached agreement,” the parties wrote.

    The trial dates are hugely important for the transaction, and even Paramount’s proposed date likely will cost the company hundreds of millions. After September 30, Paramount will be on the hook for about $7 million for every day that the transaction doesn’t close, under an agreement with WBD that was a sweetener to the deal.

    A Paramount spokesperson said, “Our request for a November trial date is more than sufficient to give both sides the time they need to conduct discovery, gather evidence, and prepare for trial. Plaintiffs’ request to delay proceedings until April is nothing more than a stonewalling tactic that goes well beyond the timelines sought in similar prior proceedings and ignores the substantial evidence plaintiffs have already received in this matter. Delay will also harm the many individuals outside this courtroom who will be denied the expanded content offerings and industry stability that a combined Paramount-WBD promises to bring.”

    California Attorney General Rob Bonta, who is leading 12 states in the lawsuit, said in a statement, “Our challenge to the unlawful Warner Bros./Paramount merger is a clean-cut antitrust challenge through and through: it’s about protecting the vibrancy of an industry, the pockets of consumers, and the quality of films and television programs that take center stage in many of our lives. This challenge deserves careful and thorough review and today my office and attorneys general across the country asked the court for a trial date next spring. We are eager to continue to make our case and look forward to a final determination of the schedule by the court.”

    Last week, Paramount said it would not close the merger until June 1, 2027, or until days after the legal issues are resolved, and indicated it wanted to go directly to trial. Its announcement came just days after the judge granted the state AGs a temporary restraining order that prohibited the transaction from closing for 14 days, an order that was later extended to 28 days.

    The company spokeswoman said a trial “on the merits is the best and most direct way for us to prove what we’ve said from the start — this transaction is lawful, pro-competitive, and raises no antitrust concerns.”

    In the filing Friday, Paramount proposed a 12-day trial starting November 4 that would encompass the cases brought by the states and the WGA.

    Paramount also noted that the later date would give the judge “much less time to decide” the case by June, the outside date it had set for the merger to close, as well as time for the company to appeal.

    Among other things, they noted that the DOJ’s antitrust case seeking to block AT&T’s merger with Time Warner went to trial on March 19, 2018, four months after the federal government brought the case. Makan Delrahim, who is Paramount’s chief legal officer, was then the chief of the DOJ’s antitrust division; on the other side was attorney Daniel Petrocelli, representing Time Warner, and now representing WBD in this case.

    The company also noted that Bonta had last week favored a January trial start, but now was proposing a date four months later.

    “Given the stakes of this case, there is no basis and no time to delay for the sake of delay, particularly when delay significantly prejudices Defendants and the Hollywood ecosystem more broadly,” Paramount’s legal team wrote in the filing.

    The company also argued that Paramount and the WGA will have had sufficient time for discovery.

    Paramount’s legal team wrote, “State Plaintiffs had six-plus months before they filed their complaint to conduct unilateral discovery regarding the proposed transaction. State Plaintiffs also had the benefit of waivers granted by Defendants to enable the U.S. Department of Justice (DOJ) to share with State Plaintiffs all information and materials that Defendants produced to the DOJ. In sum, the discovery that State Plaintiffs received many months ago includes over two million documents from more than 80 of Defendants’ employees.”

    The company’s legal team noted that the later date would require them to refile merger materials with the Justice Department, which has already cleared the transaction, and that it would leave the creative community in a period of uncertainty, as Paramount plans to boost production to 30 films per year.

    The state AGs and WGA proposed a start of April 5, 2027, lasting at least 12-15 days, with each plaintiff presenting their cases sequentially.

    The state plaintiffs wrote that extensive discovery is needed, including of “the definition of the relevant product and geographic markets, the nature and scope of harm in those markets, whether expansion by other firms will prevent harm in those markets, and whether the merger will produce verifiable, merger-specific efficiencies sufficient to outweigh harm in those markets.”

    They pointed specifically to areas like Paramount’s assertion that the merger will generate billions in synergies, “a claim that Plaintiff States are entitled to test in discovery, including discovery of Defendants’ integration plans for their merged company.”

    The states noted that Paramount’s document productions “largely cut off” before the merger agreement was signed in February, leaving the plaintiffs with few internal documents about post-closing plans.

    The state AGs wrote, “Defendants’ pre-complaint productions also do nothing to address the need for discovery from third party customers and competitors. Importantly, no depositions of percipient fact witnesses from Defendants or third parties have occurred.”

    The states also contended that their schedule was “reasonable,” claiming that the 402 days from the signing of the merger agreement on February 27 to the proposed trial date “moves this case to trial more rapidly than virtually every merger case in recent history.” The AT&T-Time Warner trial started 513 days after the merger deal was signed, they noted, as opposed to when the DOJ lawsuit was filed. The state AGs also wrote that an April trial would still leave the judge with time to decide the case by June.

    The state AGs also called Paramount’s proposed schedule “one-sided,” arguing, “Their extraordinarily truncated schedule unfairly favors Defendants because they (1) have information Plaintiff States need to prove their case and (2) do not bear the burden of persuasion.”

  • Washington Post Opinions Editor Adam O’Neal To Depart After Leading Jeff Bezos-Planned Overhaul Of Section

    Washington Post Opinions Editor Adam O’Neal To Depart After Leading Jeff Bezos-Planned Overhaul Of Section

    The editor of the Washington Post‘s opinion section said that he would step down on August 31, after leading the section for just over a year during an overhaul directed by owner Jeff Bezos.

    Opinion Editor Adam O’Neal wrote in a memo to staffers that while “this is not an easy decision, I am leaving proud of how far the opinion section has come and optimistic that its best days lie ahead.”

    Earlier last year, Bezos announced that the opinion section would focus on “defense of two pillars: personal liberties and free markets.”

    “We’ll cover other topics too of course, but viewpoints opposing those pillars will be left to be published by others,” Bezos wrote.

    At the same time, David Shipley departed as opinion editor.

    CEO Jeff D’Onofrio wrote Friday in an email to staffer that during O’Neal’s tenure, “Post Opinions has become more balanced in perspective, more financially sustainable and more accessible to readers than ever before.”

    “I want to thank him for his leadership and hard work in reimagining the section,” he wrote.

    No successor has been named. D’Onofrio wrote that in the coming weeks they will “work to transition Post Opinions leadership. More to come on that front.” The Guardian first reported on O’Neal’s departure plans.

    The Post underwent a round of severe layoffs earlier this year, slashing a third of its workforce, ending its books coverage, and slimming down its metro and international staffs, among other cuts. The publication said the cuts were necessary to get on a more secure financial footing.

  • German Court Rules Against Suno In Lawsuit Challenging Use Of Copyrighted Music In AI

    German Court Rules Against Suno In Lawsuit Challenging Use Of Copyrighted Music In AI

    A German court ruled against Suno over its use of copyrighted works in its generative AI music service.

    U.S.-based Suno said that it is evaluating its options in the wake of the ruling, including an appeal.

    A regional court in Munich ruled Friday that Suno violated copyrights when it used music covered by the licensing agency GEMA, per Reuters.

    The case reflected the ongoing debate over the use of copyrighted works in training models, with a number of lawsuits in the United States focused on inputs and outputs. The specifics of the German ruling were not clear, but Suno does not expect the decision to impact cases in the U.S.

    GEMA CEO Tobias Holzmüller, said in a statement, “The court made it clear today: AI models based on the theft of intellectual property do not enjoy legal protection. AI providers must acquire licenses and cannot simply help themselves to our members’ works for free. In doing so, the court has significantly strengthened Europe as a hub for culture. If systems are operated in Europe, legal action can be taken before European courts. This is crucial for legal enforcement.”

    Kai Welp, GEMA’s general counsel, said that the ruling was “very gratifying to see the assessment of the legal situation in the USA and the fact that we can sue in Munich regardless of where the training takes place.”

    A spokesperson for Suno said: “From the beginning, we trained our models to create new songs, not reproduce existing ones, and built protections into our platform. We disagree with today’s ruling – which rests on a fundamental mischaracterization of how Suno’s technology works, how it is used and how U.S. law applies — and are evaluating all available options, including an appeal.”

    One of the highest-profile cases in the U.S. is a lawsuit brought by three studios — Warner Bros., NBC Universal and Disney — challenging Midjourney’s unauthorized use of copyrighted works, including IP from Star Wars and Superman. The AI company has said that it is a fair use of the material under the Copyright Act.

    Wolfram Weimer, Germany‘s minister of state for culture and media, said in a statement that the ruling was an “important signal for strengthening the rights of creatives in the digital music market.”

    In November, the German court ruling in favor of GEMA over its challenge to OpenAI’s use of song lyrics.

  • Paramount Pitches Judge On November Start Of WBD Merger Antitrust Trial, While State AGs & WGA Propose April

    Paramount Pitches Judge On November Start Of WBD Merger Antitrust Trial, While State AGs & WGA Propose April

    Paramount wants a trial to start in November in the antitrust lawsuit brought by a dozen state attorneys general and the Writers Guild America. Not surprisingly, the state AGs and the guild want an April start to the proceedings.

    The sides outlined their proposals ina joint filing Friday, with the ultimate decision on scheduling left to the federal judge in the case, Araceli Martinez-Olguin.

    “The parties have discussed the trial schedule, but they have not reached agreement,” the parties wrote.

    The trial dates are hugely important for the transaction, and even Paramount’s proposed date likely will cost the company hundreds of millions. After September 30, Paramount will be on the hook for about $7 million for every day that the transaction doesn’t close, under an agreement with WBD that was a sweetener to the deal.

    A Paramount spokesperson said, “Our request for a November trial date is more than sufficient to give both sides the time they need to conduct discovery, gather evidence, and prepare for trial. Plaintiffs’ request to delay proceedings until April is nothing more than a stonewalling tactic that goes well beyond the timelines sought in similar prior proceedings and ignores the substantial evidence plaintiffs have already received in this matter. Delay will also harm the many individuals outside this courtroom who will be denied the expanded content offerings and industry stability that a combined Paramount-WBD promises to bring.”

    California Attorney General Rob Bonta, who is leading 12 states in the lawsuit, said in a statement, “Our challenge to the unlawful Warner Bros./Paramount merger is a clean-cut antitrust challenge through and through: it’s about protecting the vibrancy of an industry, the pockets of consumers, and the quality of films and television programs that take center stage in many of our lives. This challenge deserves careful and thorough review and today my office and attorneys general across the country asked the court for a trial date next spring. We are eager to continue to make our case and look forward to a final determination of the schedule by the court.”

    Last week, Paramount said it would not close the merger until June 1, 2027, or until days after the legal issues are resolved, and indicated it wanted to go directly to trial. Its announcement came just days after the judge granted the state AGs a temporary restraining order that prohibited the transaction from closing for 14 days, an order that was later extended to 28 days.

    The company spokeswoman said a trial “on the merits is the best and most direct way for us to prove what we’ve said from the start — this transaction is lawful, pro-competitive, and raises no antitrust concerns.”

    In the filing Friday, Paramount proposed a 12-day trial starting November 4 that would encompass the cases brought by the states and the WGA.

    Paramount also noted that the later date would give the judge “much less time to decide” the case by June, the outside date it had set for the merger to close, as well as time for the company to appeal.

    Among other things, they noted that the DOJ’s antitrust case seeking to block AT&T’s merger with Time Warner went to trial on March 19, 2018, four months after the federal government brought the case. Makan Delrahim, who is Paramount’s chief legal officer, was then the chief of the DOJ’s antitrust division; on the other side was attorney Daniel Petrocelli, representing Time Warner, and now representing WBD in this case.

    The company also noted that Bonta had last week favored a January trial start, but now was proposing a date four months later.

    “Given the stakes of this case, there is no basis and no time to delay for the sake of delay, particularly when delay significantly prejudices Defendants and the Hollywood ecosystem more broadly,” Paramount’s legal team wrote in the filing.

    The company also argued that Paramount and the WGA will have had sufficient time for discovery.

    Paramount’s legal team wrote, “State Plaintiffs had six-plus months before they filed their complaint to conduct unilateral discovery regarding the proposed transaction. State Plaintiffs also had the benefit of waivers granted by Defendants to enable the U.S. Department of Justice (DOJ) to share with State Plaintiffs all information and materials that Defendants produced to the DOJ. In sum, the discovery that State Plaintiffs received many months ago includes over two million documents from more than 80 of Defendants’ employees.”

    The company’s legal team noted that the later date would require them to refile merger materials with the Justice Department, which has already cleared the transaction, and that it would leave the creative community in a period of uncertainty, as Paramount plans to boost production to 30 films per year.

    The state AGs and WGA proposed a start of April 5, 2027, lasting at least 12-15 days, with each plaintiff presenting their cases sequentially.

    The state plaintiffs wrote that extensive discovery is needed, including of “the definition of the relevant product and geographic markets, the nature and scope of harm in those markets, whether expansion by other firms will prevent harm in those markets, and whether the merger will produce verifiable, merger-specific efficiencies sufficient to outweigh harm in those markets.”

    They pointed specifically to areas like Paramount’s assertion that the merger will generate billions in synergies, “a claim that Plaintiff States are entitled to test in discovery, including discovery of Defendants’ integration plans for their merged company.”

    The states noted that Paramount’s document productions “largely cut off” before the merger agreement was signed in February, leaving the plaintiffs with few internal documents about post-closing plans.

    The state AGs wrote, “Defendants’ pre-complaint productions also do nothing to address the need for discovery from third party customers and competitors. Importantly, no depositions of percipient fact witnesses from Defendants or third parties have occurred.”

    The states also contended that their schedule was “reasonable,” claiming that the 402 days from the signing of the merger agreement on February 27 to the proposed trial date “moves this case to trial more rapidly than virtually every merger case in recent history.” The AT&T-Time Warner trial started 513 days after the merger deal was signed, they noted, as opposed to when the DOJ lawsuit was filed. The state AGs also wrote that an April trial would still leave the judge with time to decide the case by June.

    The state AGs also called Paramount’s proposed schedule “one-sided,” arguing, “Their extraordinarily truncated schedule unfairly favors Defendants because they (1) have information Plaintiff States need to prove their case and (2) do not bear the burden of persuasion.”

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