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NVIDIA says its lawyers disclosed a further download made after the July 2024 discovery cutoff, and argues it does not justify reopening discovery
In a partly redacted opposition (Dkt. 437), NVIDIA asks the court to reject the authors' request to add new exhibits to their challenge of a magistrate judge's order enforcing the agreed July 1, 2024 discovery cutoff. NVIDIA states that a September 30, 2026 email from its counsel disclosed "a post-cutoff download from a data source that is already part of the case," and that the email is almost identical to an earlier notice about the same source. The public version does not name the source. NVIDIA argues the magistrate judge already knew downloading might have continued past the cutoff and enforced it anyway; that the authors' other exhibits concern downloads made between February and June 30, 2024 and do not show that the plaintiffs' own books were downloaded later; and that the added download would not increase statutory damages, because the Copyright Act allows one award per work however many times it was copied. NVIDIA also asks the court to strike the authors' alternative request to bar it from relying on fair-use evidence from after July 1, 2024. NVIDIA separately moved to seal parts of four sentences (Dkt. 436). The court has not ruled.
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