Anthropic CEO Dario Amodei Attempts to Avoid OpenAI Lawsuit Deposition

Anthropic Executives Face Testimony Requests in Copyright Dispute

Dario Amodei, CEO of Anthropic, is currently seeking to avoid providing deposition testimony in the copyright lawsuit leveled against OpenAI. A motion has been submitted by legal representatives for the plaintiff, the Authors Guild, to compel testimony not only from Amodei but also from Anthropic’s co-founder, Benjamin Mann.

Unique Knowledge of OpenAI Practices

The Authors Guild’s legal team asserts that both Amodei and Mann, having previously been employed at OpenAI, possess crucial and exclusive knowledge pertinent to the ongoing case. This knowledge stems from their direct experiences within the company.

Subpoenas and the Scope of the Lawsuit

In 2024, subpoenas were issued to Amodei and Mann by the Authors Guild. These requests sought both their testimony and access to communications generated during their tenure at OpenAI. The original lawsuit was initiated in September 2023, filed within the U.S. District Court for the Southern District of New York.

The Authors Guild represents a collective of prominent writers, including John Grisham, George R.R. Martin, and Sylvia Day, in this legal action.

Lack of Immediate Response

Requests for comment directed to the legal counsel representing the Authors Guild, Amodei, and Mann have not yet received a response. Similarly, Anthropic has not provided a statement at this time.

Escalating Copyright Litigation

The recently surfaced motion and subpoenas indicate an intensification of the numerous copyright lawsuits alleging that OpenAI utilized copyrighted material in the training of ChatGPT. Discovery in the Authors Guild case is scheduled for completion in April 2024.

Concurrently, reports suggest that OpenAI is engaged in discussions to secure approximately $40 billion in funding.

Initial Agreement and Subsequent Delays

Initially, in June 2024, Amodei and Mann agreed to participate in seven-hour depositions following the receipt of the subpoenas. As part of the discovery process, they have also compiled a collection of text messages, along with communications from WhatsApp and Facebook Messenger.

However, towards the end of 2024, the testimony was postponed by the legal teams representing the Anthropic co-founders. This delay was intended to align the depositions with those planned for a separate lawsuit against OpenAI.

Attempts to Avoid Testimony

The current situation reveals an apparent effort by the lawyers for Amodei and Mann to entirely avoid the depositions.

According to an email included with the motion, legal representatives for Amodei informed the Authors Guild on January 16, 2025, that Amodei was unavailable for deposition.

Invocation of the “Apex Doctrine”

Amodei’s legal team justified this unavailability by citing the CEO’s demanding schedule, referencing the legal principle known as the “apex doctrine.” Notably, Amodei recently completed a five-hour interview with podcaster Lex Fridman.

Mann’s Conditions for Testimony

Mann has also expressed reluctance to provide testimony unless it can be coordinated with a deposition in the consolidated lawsuit and limited to a duration of four hours. His lawyers cited personal circumstances, including the presence of two young children and a family member’s recent serious medical diagnosis.

Furthermore, Mann’s legal team communicated to the Authors Guild on January 16 that his participation was contingent upon the guild agreeing not to depose Amodei, as detailed in the emails.

Motion to Quash Subpoena

Mann has subsequently filed a motion to quash the subpoena and deposition in the consolidated OpenAI case.