OpenAI Scored a Legal Win Over Progressive Publishers—but the Fight’s Not Finished

While several publishers have lined up content deals with OpenAIincluding WIRED parent company Cond Nastdozens of copyright lawsuits against AI startups are winding their way through the US court system..

The complaint brought by Alternet and Raw Story focused on the DMCA, arguing that OpenAI broke the law by scraping thousands of news articles and stripping them of copyright management information (CMI) like the authors name, the terms and conditions for use of the work, and the title of the work..

The outlets asked for statutory damages of no less than $2,500 per violation, arguing OpenAI knew that stripping training data of CMI would result in copyright infringement from ChatGPT when it summarized or regurgitated articles without proper attribution...

Topic, who also represents The Intercept in a similar DMCA case against OpenAI, as well as the nonprofit newsroom the Center for Investigative Reporting in a copyright infringement case against both OpenAI and Microsoft, says he is confident that these kinds of DMCA claims are permitted under the Constitution...

Whether or not Raw Story and Alternet are ultimately allowed to file an amended complaint, this weeks dismissal appears not to foreclose other legal arguments; the judge pointedly noted that she found the specific DMCA claims lacking rather than the broader concept of infringement..

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