Judge Stein his opinion rejecting many of OpenAI’s motion to dismiss the claims filed by the New York Times and other newspapers, and the Authors Guild and other book authors. Microsoft fared a tad better in getting the dismissal of all DMCA 1202(b)(1) claims against it, whereas OpenAI succeeded only in getting the New York Times’ 1202(b)(1) claim, but not the claims of the Center for Investigative Reporting or the Daily News.The opinion follows an earlier order in which he made his ruling.
Because all of the copyright lawsuits, including from the Northern District of California, have been transferred to Judge Stein as an Multi-District Litigation court, his view of the legal claims and defenses has assumed tremendous significance.
Claims Dismissed With Prejudice
- The common law unfair competition by misappropriation claims and OpenAI’s motion to dismiss the “abridgment” claims in the CIR action
Claims Dismissed Without Prejudice (allowing amending the complaints)
- DMCA section 1202(b)(1) claims against it in all three actions
- DMCA section 1202(b)(1) claim against OpenAI in The New York Times Company v. Microsoft Corporation, et al., No. 23-cv-11195 (“the Times action”), and
- DMCA section 1202(b)(3) claims against them in all three actions
Claims Not Dismissed
- Direct infringement claims involving conduct occurring more than three years before the complaints were filed against OpenAI;
- Contributory copyright infringement claims;
- State and federal trademark dilution claims in the Daily News action, and
- DMCA 1202(b)(1) claims against OpenAI in the Daily News and CIR actions
selected parts of opinion
1. Direct infringement by OpenAI more than 3 years before complaint not time-barred; due to discovery rule NYT has alleged sufficient claim
2. Contributory infringement
3. DMCA Claims: 1202(b)(1), (b)(3)
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