Copyright Claim Against OpenAI Survives in Intercept Suit (1)

OpenAI Inc. must face a key claim brought against it by Intercept Media Inc. under the Digital Millennium Copyright Act, a federal judge ruled.

Judge Jed S. Rakoff allowed the Intercept’s claim that OpenAI intentionally removed copyright management information from the news outlet’s work to use it to train ChatGPT to proceed past the motion-to-dismiss stage, according to an order filed Thursday in the US District Court for the Southern District of New York.

But Rakoff dismissed a second claim against OpenAI under the DMCA that had accused it of distributing content knowing the copyright management information had been removed. ...