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.

Ten Amazon Prime members filed a breach of contract class action (docket 2:24-cv-00364) against Amazon Tuesday in U.S. District Court for Western Washington in Seattle over the $2.99 Prime Video add-on fee it implemented in January.

Despite contractual and other legal obligations, an ex-Apple software engineer “repeatedly flouted his promise to keep Apple’s information confidential,” alleged Apple's breach of contract complaint Monday (docket 24-cv-433319) in Santa Clara County Superior Court.

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.

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.

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.

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.

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.

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.

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.