Microsoft’s March 4 motion to dismiss is wrong to compare the New York Times’ copyright infringement complaint against the generative AI products of Microsoft and OpenAI with Hollywood’s “alarmism” over the Sony Betamax VCR (see 2403050038), said the Times’ memorandum of law Tuesday (docket 1:23-cv-11195) in U.S. District Court for Southern New York in Manhattan in opposition to that motion.

Greensboro College waited about six months to notify some 52,000 victims of an August data breach, alleged a negligence class action Tuesday (docket 1:24-cv-00243) in U.S. District Court for Middle North Carolina in Greensboro.

The 9th U.S. Circuit Court of Appeals should affirm the district court’s denial of X’s motion for a preliminary injunction to block California Attorney General Rob Bonta (D) from enforcing the state’s social media transparency law, AB-587 (see 2401020002), said five First Amendment and internet law scholars in an amicus brief Tuesday (docket 24-271) in support of the law.

The FCC disagrees with the motion of 20 industry petitioners for expedited briefing and oral argument of their consolidated challenges to the commission’s Nov. 20 digital discrimination order, according to the agency’s opposition brief Tuesday (docket 24-1179) in the 8th U.S. Circuit Court of Appeals.

Sinclair, operator of TennisChannel.com, uses a “wide array of extremely sophisticated tracking technology” that collects its subscribers’ personally identifiable information (PII) and viewing history, and “knowingly discloses” that to third-party analytics and advertising providers, alleged plaintiff Tracy Hyman’s Video Privacy Protection Act class action Monday (docket 2:24-cv-02168) in U.S. District Court for Central California in Los Angeles.

Meta seeks an injunction pending appeal to preliminarily enjoin the FTC’s “structurally unconstitutional” privacy enforcement action against the company, said its emergency motion Monday (docket 24-5054) in the U.S. Court of Appeals for the D.C. Circuit.

Here are Communications Litigation Today's top stories from last week, in case you missed them. Each can be found by searching on its title or by clicking on the hyperlinked reference number.

The 38 plaintiffs’ privacy complaint vs. Apple over the stalking capabilities of the AirTag tracking device has alleged enough to survive Apple’s motion to dismiss, though most of the claims are “inadequately pled,” said U.S. District Judge Vince Chhabria for Northern California in a signed order Friday (docket 3:22-cv-07668) in which he partially denied and partially granted Apple’s motion. The ruling addresses negligence and product liability claims of five plaintiffs who were injured in California.

Seven minors, through their guardians, sued Epic Games over its alleged collection of their personal information for financial gain, said a privacy class action Monday (docket 3:24-cv-00517) in U.S. District Court for Southern California in San Diego.

23andMe disregarded users’ rights by negligently failing to implement “adequate and reasonable measures” to ensure their personally identifiable information (PII) was safeguarded during an October data breach, alleged a class action (docket 3:24-cv-01662) Monday in U.S. District Court for Northern California in San Francisco. The Oct. 6 data breach affected 6.9 million individuals.