Citing Judge McMahon’s dismissal of Raw Story Media’s DMCA Section 1202 claims for lack of a cognizable injury under Article III of the Constitution, OpenAI submitted a letter of supplemental authority in support of its motion to dismiss the DMCA claims in the lawsuits brought respectively by Daily News and the Intercept.
Aaron Moss, the copyright lawyer who writes for Copyright Lately, suggests that the standing issue might even apply to the claims of direct copyright infringement in the training of AI models absent a dissemination of the plaintiff’s work (that can produce a cognizable injury). Interesting theory to which we can expect pushback from the copyright holders, who will argue they suffer injury from unauthorized uses of their works without compensation.