In an order on Friday, a federal court rejected OpenAI’s effort to toss a lawsuit filed by The Intercept over using its journalists’ work to train ChatGPT without permission or credit.
One of The Intercept’s claims under the Digital Millenium Copyright Act will move forward against OpenAI, although another claim was dismissed, along with all of its claims against Microsoft.
“This decision shows 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, regardless of whether that content has been registered with the Copyright Office,” said Matt Topic, The Intercept’s attorney in the litigation and a partner at law firm Loevy + Loevy, in a statement following the order. , which prohibits distributing content knowing that this copyright management information was removed. He also dismissed The Intercept’s claims against Microsoft under both DMCA provisions.
