Judge Stein just issued his order denying OpenAI’s motion to dismiss the Class Plaintiffs’ claim as to infringing outputs. Judge Stein found sufficient allegations to state a claim.
Judge Stein used an example of a summary generated for Game of Thrones: “the output summarizing George R.R. Martin’s A Game of Thrones from his A Song of Ice and Fire book series:
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There is no doubt that a reasonable jury applying the more discerning observer test could determine that this output is substantially similar to Martin’s original work based on the output’s incorporation of such copyrightable elements of Martin’s original work as setting, plot, and characters.
The Court need not address each output submitted by plaintiffs, which are, by and large, significantly less detailed than the two examples set forth above. It is sufficient to defeat OpenAI’s motion to dismiss that plaintiffs have alleged some outputs that a reasonable jury could find are substantially similar to plaintiffs’ works.
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