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Sarah Silverman’s lawsuit against OpenAI partially dismissed

Feb 13, 2024 - theverge.com
A California court has partially dismissed a copyright lawsuit against OpenAI, filed by several authors including comedian Sarah Silverman, who claimed that OpenAI's ChatGPT was pirating their work. The court dismissed claims of vicarious copyright infringement, DMCA violations, negligence, and unjust enrichment, but upheld the unfair competition claim that OpenAI did not seek permission to use their work for commercial profit. The main complaint of direct copyright infringement remains, with the authors given until March 13th to amend their original complaint.

OpenAI is facing several other copyright infringement lawsuits, including a proposed class action lawsuit from the Authors Guild and authors like George R.R. Martin and John Grisham. The New York Times has also sued OpenAI and its business partner, Microsoft, for copyright infringement. The lawsuits allege that OpenAI illegally copied copyrighted work to train its large language model, ChatGPT.

Key takeaways:

  • A California court has partially dismissed a copyright case against OpenAI, brought by several authors including Sarah Silverman, who allege OpenAI’s ChatGPT is pirating their work.
  • The court upheld the unfair competition claim that OpenAI did not seek the authors' permission to use their work for commercial profit, but dismissed claims on vicarious copyright infringement, DMCA violations, negligence, and unjust enrichment.
  • Judge Araceli Martínez-Olguín emphasized that the plaintiffs must show a substantial similarity between the outputs of ChatGPT and the copyrighted materials, and that the claim of “risk of future damage to intellectual property” was too speculative to consider.
  • OpenAI is also facing several other copyright infringement lawsuits from authors, including a proposed class action lawsuit from the Authors Guild and well-known authors like George R.R. Martin and John Grisham, as well as a lawsuit from The New York Times.
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