In The Intercept v. OpenAI, Judge Rakoff just issued his order granting Microsoft’s motion to dismiss the complaint in full with prejudice.
But Judge Rakoff granted OpenAI’s motion only in part, allowing the DMCA Section 1202(b)(1) claim for intentional removal of CMI, but dismissing the Section 1202(b)(3) claim for “distribute, import for distribution, or publicly perform works, copies of works, or phonorecords, knowing that copyright management information has been removed or altered without authority of the copyright owner or the law.”
A full opinion will be forthcoming.