OpenAI was sued yet again based on its alleged use of YouTube videos to train AI models of OpenAI. The lawsuit, Millette v. OpenAI, proposes a class action for YouTube video creators based on OpenAI’s alleged “the surreptitious, non-consensual transcription of millions of YouTube users’ videos by Defendants to train Defendants’ AI software products.”
But, surprisingly, the plaintiffs don’t raise any copyright claims. Instead, they rely on unjust enrichment and unfair competition under California state law. The plaintiff David Millette is from Massachusetts, so they must be banking on diversity jurisdiction in federal court.
I’s unclear why they didn’t allege a copyright claim. Curious minds would like to know.
