Intercept’s Evidence Enough to Advance OpenAI Claim, Judge Says

Feb. 20, 2025, 10:52 PM UTC

The Intercept provided enough specific examples of how its articles were stripped of details like author names to support its claims OpenAI Inc. violated the Digital Millennium Copyright Act by training on its works, a federal judge said Thursday.

The publication plausibly alleged OpenAI intentionally removed “copyright management information” from its articles in violation of the DMCA, Judge Jed S. Rakoff wrote in an opinion explaining his previous decision to let the publication’s lawsuit move forward in the US District Court for the Southern District of New York.

He pointed to several pieces of evidence, including the Intercept’s identification of ...

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