On July 7, 2025, Ziff Davis filed a First Amended Complaint against OpenAI, now in the MDL case, In re OpenAI Copyright Infringement Litigation before Judge Stein.
Ziff Davis is the media company that owns CNET, Mashable, ZDNet, IGN, PC Mag, MedPage Today, and a host of other online publications. It alleges copyright infringement in OpenAI’s training, outputs of its LLM models, and incorporation of RAG (retrieval augmented generation).
The FAC Complaint counts are:
- Count 1: Copyright Infringement in Training OpenAI LLMs
- Count 2: Copyright Infringement in Output from OpenAI LLMs
- Count 3: Contributory Copyright Infringement Based on End-Users’ Infringement
- Count 4: Common Law Unjust Enrichment
- Count 5: Circumvention of Technical Measures DMCA 1201(A)(1)
- Count 6: Removal of CMI, DMCA 1202(B)(1)
- Count 7: Distribution of Removed CMI, DMCA 1202(B)(3)
- Count 8: Trademark Dilution of Famous Marks, Lanham Act 1125(c)
- Count 9: Dilution under Delaware State Law, 6 Del. s. 3313
Although this complaint is longer than the original, I do not see any significant changes.
DOWNLOAD ZIFF DAVIS’S FIRST AMENDED COMPLAINT
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