The recent ruling allows The Intercept’s DMCA claim against OpenAI to move forward in court. Despite dismissing claims against Microsoft, the judge’s decision sets a precedent for potential legal action by digital publishers. The Intercept’s case prompted a novel legal strategy for news publishers to take on OpenAI, based on allegations of copyright infringement and removed authorship information. While few news organizations have pursued DMCA litigation, the ruling suggests potential success for claims similar to The Intercept’s. Loevy & Loevy is confident in their ability to pursue such claims in court, emphasizing the importance of protecting digital publishers’ rights in the face of evolving technological challenges.
https://www.niemanlab.org/2024/11/copyright-claim-moves-ahead-in-the-intercepts-lawsuit-against-openai/