OpenAI wins first round against Raw Story and AlterNet copyright case

OpenAI is facing multiple lawsuits over its use of several publications’ and books’ content to train its large language models without explicit permission or proper compensation. A judge has just dismissed one of them. New York federal judge Colleen McMahon has dismissed the lawsuit filed by Raw Story and AlterNet, which accused the company of using their materials for AI training without consent. As VentureBeat notes, though, their complaint didn’t argue that OpenAI infringed on their copyright like other publications’ lawsuits do. Instead, it focused on the DMCA provision that protects “copyright management information.”

The publications argued that OpenAI removed the author names, titles and other metadata identifying their copyright from the articles it used to train its LLMs. McMahon explained that the plaintiffs failed to show that they suffered “a cognizable injury” from those actions and that the harm they had cited was “not the type of harm that has been elevated” to warrant a lawsuit. The judge also said that “the likelihood that ChatGPT would output plagiarized content from one of [their] articles seems remote.” She added that the plaintiffs are truly seeking redress for the use of their articles “to develop ChatGPT without compensation” and not for the removal of their copyright management information.

Raw Story and AlterNet don’t intend to back down, based on what their lawyer told Reuters. Matt Topic, their attorney, said they’re “certain [they] can address the concerns the court identified through an amended complaint.”