SDNY Order Renews Possibility of Digital Millenium Copyright Act as Legal Recourse for News Organizations in the Age of AI; The National Law Review, December 23, 2024

Dan Jasnow of ArentFox Schiff LLP  -  AI Law Blog, The National Law Review; SDNY Order Renews Possibility of Digital Millenium Copyright Act as Legal Recourse for News Organizations in the Age of AI 

"Key Takeaway: The Intercept’s Case Against OpenAI Will Clarify the Future of DMCA Protection Against AI Developers

Until now, other DMCA claims against AI developers have largely failed — most of these cases have not proceeded past the motion-to-dismiss stage — but the order allowing The Intercept’s claim to proceed renews the possibility that the DMCA may be a viable claim against AI developers. For rights holders, 1202(b) provides distinct causes of action against AI developers with different evidentiary requirements than traditional copyright infringement claims. For developers, 1202(b) is another legal risk to be managed, particularly in the wake of the order in The Intercept case."

The Intercept, Raw Story and AlterNet sue OpenAI for copyright infringement; The Guardian, February 28, 2024

Nick Robins-Early, The Guardian ; The Intercept, Raw Story and AlterNet sue OpenAI for copyright infringement

"OpenAI and Microsoft are facing a fresh round of lawsuits from news publishers over allegations that their generative artificial intelligence products violated copyright laws and illegally trained by using journalists’ work. Three progressive US outlets – the Intercept, Raw Story and AlterNet – filed suits in Manhattan federal court on Wednesday, demanding compensation from the tech companies.

The news outlets claim that the companies in effect plagiarized copyright-protected articles to develop and operate ChatGPT, which has become OpenAI’s most prominent generative AI tool. They allege that ChatGPT was trained not to respect copyright, ignores proper attribution and fails to notify users when the service’s answers are generated using journalists’ protected work."