Judge Rakoff’s long-awaited decision allowing DMCA 1202(b)(1) claim to proceed in Intercept v. OpenAI. Creates SDNY split with Judge McMahon decision in Raw Story.

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 … Continue reading Judge Rakoff’s long-awaited decision allowing DMCA 1202(b)(1) claim to proceed in Intercept v. OpenAI. Creates SDNY split with Judge McMahon decision in Raw Story.