Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: OpenAI Accidentally Deleted Potential Evidence in NY Times Copyright Lawsuit

First off, today, Kyle Wiggers at TechCrunch reports that OpenAI has claimed, in a letter to the court, that it accidentally deleted evidence it promised to turn in its ongoing case against the New York Times and Daily News.

The publications sued OpenAI, alleging the AI company infringed their copyright by using their articles to train AI systems. As part of that case, OpenAI agreed to turn over two virtual machines that would have allowed the plaintiffs to search their training sets. However, now they claim that one of the systems was accidentally erased. Though much of the data was recovered, it is still useless for the plaintiff’s needs.

According to the plaintiffs, they spent over 150 hours of expert witness time that must be redone. Though the plaintiffs say there is no evidence the deletion was malicious, they do say it’s further evidence that OpenAI is the best for searching for infringing content in its datasets.

2: Not a Chill Guy Anymore: Artist Behind Viral Meme Wants Copyright

Next up today, Dishita Malvania at The Crypto Times reports that artist Philip Banks has announced he will begin filing takedown notices aimed at various cryptocurrency projects that feature his “Chill Guy” meme character.

Banks rose to fame last year with his “Chill Guy” meme, which features an anthropomorphic dog posing in a relaxed manner. However, the image was recently turned into a memecoin that has seen substantial growth since its release.

However, in a post on X (formerly Twitter) Banks said that he plans to file takedown notices and possibly take other action after securing a copyright registration for his work. Though he has not filed any yet, he said he would do so “over the next few days.”

3: Donald Trump Settles Lawsuit Over Use of Eddy Grant’s ‘Electric Avenue’ In Campaign Video

Finally today, Bill Donahue at Billboard reports that President-elect Donald Trump has reached a settlement with musician Eddie Grant over the use of Grant’s 1982 hit Electric Avenue.

As part of his 2020 presidential campaign, Trump used the song in a social media video criticizing his opponent, Joe Biden. Grant says he was “dismayed” by the use and fielded questions about whether he permitted it.

Trump’s team argued that the use was transformative and fair use. However, the judge found that was not the case, setting the stage for a potential trial on damages. The two sides have settled the case, heading off that potential trial.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.