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

Nov 08, 2024 - wired.com
OpenAI has won a legal victory against publishers Alternet and Raw Story, who accused the AI startup of copyright infringement for using their content without permission. The publishers claimed OpenAI violated the Digital Millennium Copyright Act (DMCA) by scraping thousands of news articles and removing copyright management information. However, a judge dismissed the case, agreeing with OpenAI's argument that the publishers failed to prove that their material was used or that any harm was caused.

Despite this setback, Alternet and Raw Story plan to continue the case and request permission to file an amended complaint. While some experts believe this ruling could have far-reaching implications for intellectual property cases, others argue that the publishers will need to provide specific examples of infringement. The judge's ruling did not dismiss the broader concept of infringement, leaving room for other legal arguments.

Key takeaways:

  • A judge has dismissed a copyright case against OpenAI, brought by independent publishers Alternet and Raw Story, arguing that the AI company broke the law by using thousands of news articles for training its tools without permission.
  • The publishers claimed OpenAI stripped the articles of "copyright management information" and asked for damages of at least $2,500 per violation. However, the judge agreed with OpenAI's argument that the publishers failed to provide proof that their material was used or that it caused harm.
  • Despite the dismissal, Alternet and Raw Story intend to continue the case and are seeking permission to file an amended complaint. Their representative is confident that such DMCA claims are permitted under the Constitution.
  • Some experts believe this ruling could have far-reaching implications, potentially restricting the types of intellectual property cases that federal courts can hear, and even arguing that publishers don't have standing to sue over model training at all for copyright infringement.
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