OpenAI Wins Partial Dismissal of Ziff Davis’ Copyright Lawsuit

OpenAI Inc. convinced a New York federal judge to toss digital media publisher Ziff Davis Inc.'s claims that the AI giant circumvented technological measures to access articles and has been unjustly enriched by using its copyright works to train models.

Ziff Davis fails to demonstrate that embedding instructions directing bots not to scrape its websites qualifies as a technological measure designed to thwart unauthorized access under the Digital Millennium Copyright Act, according to the Monday opinion.

Judge Sidney H. Stein also ruled the publisher’s state law claim for unjust enrichment is preempted by the federal Copyright Act. Stein is ...