Judge Saves the Internet—but Not OpenAI

Is it illegal to ignore a text file? The judge in Ziff Davis v. OpenAI says no! Their ridiculous notion—which would have destroyed the Internet as we know it—was struck down along with a number of others, in a mix-bag ruling on OpenAI's Motion to Dismiss.

Ridiculous claims of Unjust Enrichment and Trademark Dilution were shot down, but he allowed to stand a few others—including a potentially dangerous notion of AIs being laible for contributory infringement!

It also seems Judge Stein is making the New York Times case the standard-bearer for all of the OpenAI cases, threatening privacy and fair use across the board.

Hopefully, the rest will be struck down later, but for now, OpenAI faces what is sure to be a brutal discovery period.

Memorandum & Opinion – #968 in In Re: OpenAI, Inc. Copyright Infringement Litigation (S.D.N.Y., 1:25-md-03143) – CourtListener.com
https://www.courtlistener.com/docket/69879510/968/in-re-openai-inc-copyright-infringement-litigation/

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0:00 - Intro
0:39 - Claim 4: Unjust Enrichment - DISMISSED
2:53 - (robots.txt) Claim 5: Circumvention of Technological Measures - DISMISSED
6:38 - Claim 7: Distribution of Works with Copyright Management Information Removed - DENIED
14:48 - Claim 8: Trademark Dilution - DISMISSED in part and DENIED in part
18:55 - Claims 3 and 6: Contributory Infringement and DMCA Section 1202(b)(1) - DENIED
22:23 - What It All Means
23:35 - Contributory Infringement would be HORRENDOUS for AI!
24:31 - Plantiffs Can Avoid MTD and Get Discovery by Making Wild-Ass Claims