They were doing semantic search using embeddings/rerankers.
The point that reading both decisions together compounds is that if they had trained a model on the Bulk Memos and generated novel text instead of doing direct searches, there likely would have been enough indirection introduced to prevent a summary judgement and this would have gone to a jury as the September decision states.
In other words, from their comment:
> But I'm not sure "generative" is that meaningful a distinction here.
They were doing semantic search using embeddings/rerankers.
The point that reading both decisions together compounds is that if they had trained a model on the Bulk Memos and generated novel text instead of doing direct searches, there likely would have been enough indirection introduced to prevent a summary judgement and this would have gone to a jury as the September decision states.
In other words, from their comment:
> But I'm not sure "generative" is that meaningful a distinction here.
The judge would not seem to agree at all.