The lawsuit could result in millions of dollars in damages, as the Digital Millennium Copyright Act (DMCA) carries a fine of $2,500 per violation. The media companies claim that thousands of their articles were used to train AI systems for Microsoft and OpenAI without proper copyright attribution. However, previous claims alleging violations of the DMCA have not been successful, with a federal judge dismissing a similar claim against OpenAI in February due to lack of evidence.
Key takeaways:
- The Intercept, Raw Story and Alternet have filed lawsuits against OpenAI and Microsoft, accusing them of intentionally removing copyright management information to conceal copyright infringement.
- The lawsuits claim that OpenAI and Microsoft knew that their tool, ChatGPT, would be less popular and generate less revenue if users believed it violated copyrights.
- The publishers are alleging violations of the Digital Millennium Copyright Act (DMCA), which prohibits the removal of copyright management information and carries statutory damages of $2,500 per violation.
- OpenAI has moved to dismiss a separate lawsuit from The New York Times, arguing that its products are not used to consume news and are not a substitute for a subscription to the newspaper.