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A New York federal judge has dismissed a lawsuit brought by news sites Raw Story and AlterNet against OpenAI for using their articles to train AI systems. The ruling could affect similar ongoing cases.

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Judge Colleen McMahon dismissed the case after finding that the plaintiffs failed to show concrete harm from OpenAI's use of their content as training data. Unlike other lawsuits targeting AI companies, this case focused on the removal of copyright management information rather than direct copyright violations—though Judge McMahon noted the underlying issue remained the same.

The judge's decision supported the fair use defense of OpenAI and other AI companies, noting that ChatGPT creates synthesized responses from its training rather than copying content directly. She emphasized that the likelihood of ChatGPT reproducing exact copies of articles is minimal, and pointed out that factual information in articles isn't copyrighted anyway.

The ruling also addressed past instances where ChatGPT had copied text verbatim, noting these cases can't be replicated with current versions—supporting OpenAI's position that such copying, when it occurs, is a rare bug rather than intended functionality.

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Court document shows excerpt of ruling dismissing a copyright lawsuit against ChatGPT regarding training data.
A landmark court decision strengthens OpenAI's position in fair use copyright disputes. The judge argues that AI-generated responses are a synthesis, not a direct copy, of training data. | Image: Screenshot via courtlistener.com

While dismissing the current case, Judge McMahon left the door open for the plaintiffs to file an amended complaint. However, she expressed doubt about their ability to "allege a cognizable injury," according to Reuters. "Whether there is another statute or legal theory that does elevate this type of harm remains to be seen," McMahon said.

Raw Story's lawyer, Matt Topic, expressed confidence that the court's concerns would be addressed in a revised complaint. OpenAI has not yet commented on the decision.

Broader implications for AI copyright battles

McMahon's decision could set the tone for further copyright lawsuits against AI companies, particularly the New York Times lawsuit against OpenAI and cases filed by music companies against AI music generators. The Times case specifically challenges OpenAI's unauthorized use of its articles to create what it considers a competing product.

The ruling strengthens OpenAI's position by supporting its argument that AI-generated content is a synthesis of training data rather than a direct copy, a distinction that could prove crucial in future legal battles over AI training practices.

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Summary
  • A federal judge in New York has dismissed a lawsuit filed by news sites Raw Story and AlterNet against OpenAI, ruling that the plaintiffs failed to demonstrate sufficient harm from the use of their articles as training data for AI.
  • The judge agreed with OpenAI's fair use argument, stating that ChatGPT synthesizes AI responses based on the training content, and the likelihood of an exact copy of an article is low. If it does occur, it is considered an error rather than a feature, and facts are not protected by copyright.
  • This decision may influence other ongoing lawsuits against AI companies, such as the legal dispute between the New York Times and OpenAI, as well as lawsuits filed by music companies against AI music generators.
Sources
Online journalist Matthias is the co-founder and publisher of THE DECODER. He believes that artificial intelligence will fundamentally change the relationship between humans and computers.
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