Back in November 2024, Judge Jed Rakoff denied in part OpenAI’s motion to dismiss the DMCA claims raised by the Intercept against OpenAI.
Today, Judge Rakoff finally issued his opinion explaining his rationale.
Curiously, Judge Rakoff fails to even mention the contrary decision of another SDNY judge, Judge Colleen McMahon (the former Chief Judge from 2016 to 2021), whose prior opinion in Raw Story Media v. OpenAI reached the exact opposite conclusion on (lack of) Article III injury. Judge Rakoff created a split of authority with this prior Southern District of New York precedent, despite not mentioning it in his lengthy opinion.
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