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OpenAI faces skeptical Second Circuit panel in Raw Story Media appeal of lack of Article III injury ruling
Read more: OpenAI faces skeptical Second Circuit panel in Raw Story Media appeal of lack of Article III injury rulingToday, the Second Circuit heard oral argument in Raw Story Media’s appeal of Judge Colleen McMahon’s ruling that the alleged removal of Raw Story Media’s copyright management information from its works did not show an Article III injury. On the panel were Judge Richard C. Wesley, Judge Dennis Jacobs, and Judge Eunice C. Lee. According…
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2d Ciruit oral argument in Raw Story Media v. OpenAI (issue Art. III standing for DMCA CMI claim) set for Mar. 18, 2026
Read more: 2d Ciruit oral argument in Raw Story Media v. OpenAI (issue Art. III standing for DMCA CMI claim) set for Mar. 18, 2026The Second Circuit has set oral argument in Raw Story Media v. OpenAI (aka In re OpenAI Copyright Infringement Litigation, No. 25-1756) for March 18, 2026. This appeal involves Article III standing for filing a DMCA CMI claim. The Ninth Circuit appeal in Doe 1 v. Github is set for Feb. 11, 2026 in San…
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OpenAI, represented by Lisa Blatt, files appellee brief in Raw Story Media appeal of DMCA CMI claim dismissal
Read more: OpenAI, represented by Lisa Blatt, files appellee brief in Raw Story Media appeal of DMCA CMI claim dismissalOpenAI, represented by Supreme Court litigator, filed its brief of appellee in the appeal filed by Raw Story Media. Judge McMahon dismissed Raw Story Media’s DMCA CMI removal claim for lack of Article III standing. EXCERPTS from OPENAI’s BRIEF DOWNLOAD OPENAI’S BRIEF OF APPELLEE
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Follow the briefing in Raw Story Media v. OpenAI appeal, aka In re OpenAI Copyright Infringement Litigation
Read more: Follow the briefing in Raw Story Media v. OpenAI appeal, aka In re OpenAI Copyright Infringement LitigationWe created a new page to track all the briefing in the Second Circuit for Raw Story Media’s appeal of the dismissal of its DMCA CMI claim for lack of Article III standing.
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Judge Stein denies reconsideration of Judge McMahon’s dismissal of Raw Story’s DMCA CMI claim
Read more: Judge Stein denies reconsideration of Judge McMahon’s dismissal of Raw Story’s DMCA CMI claimDue to the quirk of MDL Litigation, Judge Stein considered–and ultimately rejected–Raw Story Media’s motion to reconsider the dismissal of its DMCA CMI claim by Judge McMahon, who rendered the decision on lack of Article III standing right before all the cases against OpenAI were transferred to Judge Stein, sitting as an MDL court. This…
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Raw Story Media and Alternet ask Judge Stein to reconsider Judge McMahon’s denial of motion for leave to file amended complaint on 1202(b)(1) claim for intentional removal of CMI
Read more: Raw Story Media and Alternet ask Judge Stein to reconsider Judge McMahon’s denial of motion for leave to file amended complaint on 1202(b)(1) claim for intentional removal of CMIFailing to persuade Judge McMahon to allow them to file an amended complaint to salvage their DMCA Section 1202(b)(1) claim for OpenAI’s alleged intentional removal of CMI, Raw Story Media tries again but now with Judge Stein, who has inherited all the copyright suits against OpenAI and Microsoft by transfer through Multi-district Litigation. I’m curious…
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New York Times, Book authors cite Judge Rakoff’s opinion allowing DMCA CMI 1202(b)(1) claim
Read more: New York Times, Book authors cite Judge Rakoff’s opinion allowing DMCA CMI 1202(b)(1) claimJudge Jed Rakoff published his long-awaited opinion, some 3 months after announcing his ruling. Judge Rakoff disagreed with OpenAI’s argument–and with Judge Colleen McMahon’s prior ruling in Raw Story Media v. OpenAI–that the Intercept lacked Article III injury under the Supreme Court’s ruling in TransUnion v. Ramirez. Oddly, Judge Rakoff failed to mention, much less…
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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.
Read more: 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…
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Raw Story Media reply in support of its motion to amend complaint
Read more: Raw Story Media reply in support of its motion to amend complaintRaw Story Media is seeking to save its case from dismissal by amending its complaint to satisfy standing. Judge McMahon had dismissed the complaint on Article III standing grounds without prejudice.
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OpenAI files opposition to Raw Story Media’s motion to file First Amended Complaint
Read more: OpenAI files opposition to Raw Story Media’s motion to file First Amended ComplaintOpenAI filed its opposition to Raw Story Media’s motion for leave to file a First Amended Complaint. Here’s OpenAI’s Argument: