NEW YORK CITY — In a first-of-its kind decision, a federal judge has ruled in favor of Loevy + Loevy client The Intercept, by allowing a claim to move forward against OpenAI for violating the Digital Millennium Copyright Act.
In a lawsuit filed in February, The Intercept alleged that OpenAI intentionally removed copyright management information from thousands of its copyright-protected news articles that were unlawfully used to train ChatGPT. OpenAI had filed a Motion to Dismiss, but yesterday the court held that The Intercept has standing to bring the suit, and that it plausibly alleges a violation of the DMCA by OpenAI.
“This decision recognizes that the DMCA provides critical safeguards for news organizations against encroachment by AI companies, and presents a viable approach to challenging the unauthorized use of digital news content for AI training,” says Loevy + Loevy partner Matt Topic. “This is true regardless of whether that content has been registered with the Copyright Office.”
The Intercept ruling comes on the heels of an order by a different judge dismissing a similar claim by Raw Story, another Loevy + Loevy client. Raw Story has already sought leave to amend its complaint to address that decision, and is optimistic its claims will be permitted to proceed.
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Contact: Michael McDunnah, Director of Communications, Loevy & Loevy, 312.371.5871, mcdunnah@loevy.com
