It looks like every legal theory will be tested against OpenAI, ranging from copyright to trade secrets, torts, and various statutory violations. On October 13, a 12-year old and 16-year old from Hawaii filed a proposed class action against OpenAI for its alleged unlawful collection of children’s data without adequate means of obtaining parental consent. This is a novel set of legal theories:
- Declaratory Relief re: California Civil Code § 1568.5: seeking a declaration that contracts (OpenAI’s Terms of Use) made by minors are void/rescindable under § 1568.5 due to lack of effective means for parental consent.
- Declaratory Relief re: California Family Code § 6701(a) and § 6701(c): minors lack capacity to delegate power or consent, so they aren’t bound by OpenAI’s Terms (including its arbitration provisions).
- Unjust Enrichment — that OpenAI unjustly profited from unlawfully collecting and using children’s personal data.
This lawsuit was filed a day before 8 State AGs sued OpenAI also in part on legal claims based on protecting children.
Excerpt:
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