Category: AI & Copyright
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Court stays Github AI copyright case to refer central DMCA question to Ninth Circuit: interlocutory appeal
Judge Jon S. Tigar of the United States District Court for the Northern District of California has granted a motion to let class-action lawyers appeal a specific legal question involving the Digital Millennium Copyright Act (DMCA), and has stayed the litigation.
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Developer class-action seeks to put Github AI copyright case on hold pending appellate clarification of DMCA
Context: Some of the U.S. copyright infringement lawsuits targeting AI providers like OpenAI involve § 1202 Digital Millennium Copyright Act (DMCA) claims over the alleged removal of copyright management information (CMI). In the Northern District of California, a judge dismissed those claims in a case against Github, its parent company Microsoft and its AI provider…
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California dismissal of DMCA claim against Github now public: New York Times’s, other newspapers’ claims may suffer same fate
While not binding, an order to dismiss a DMCA-based claim against Github does not bode well for comparable claims by the New York Times and other newspaper publishers.
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This NYT-OpenAI discovery issue can complicate any news organization’s copyright lawsuit against AI providers: which parts are original?
OpenAI’s lawyers seek information from the New York Times that will enable a distinction between the NYT’s original creations and third-party material incorporated into its articles.
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Perplexity AI ignores New York Times’s scraping ban (robots.txt), summarizes copyrighted article on EURO soccer match
Context: The use of copyrighted material by AI providers has already given rise to several infringement complaints, and the New York Times (NYT) is arguably the highest-profile media outlet to sue (June 12, 2024 ai fray article). One would assume that AI providers would be particularly cautious about potentially infringing NYT material. But no: What’s…
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New York Times would like to pick up where Elon Musk left off, seeks discovery into OpenAI’s departure from non-profit
The New York Times tells a court that OpenAI refuses to provide information on its creation of a for-profit entity. Meanwhile, Elon Musk has dropped his California lawsiut over that structural question.
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New York Times shifts focus of AI copyright case from output to input, surprisingly says Exhibit J (regurgitation of articles) no longer matters
No exhibit to a copyright infringement complaint ever received as much attention as Exhibit J to New York Times v. Microsoft & OpenAI. But the NYT’s lawyers now say they’d rather not show it to the jury (should the case proceed to trial).
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OpenAI’s lawyers to court: New York Times doesn’t want to come clean on efforts to get ChatGPT to output passages from articles
OpenAI’s lawyers have raised a discovery issue with the district court that relates to how the New York Times managed (and how it failed) to get ChatGPT to quote entire paragraphs from NYT articles.