In Re OpenAI, Inc. Copyright Infringement Litigation

In action against OpenAI based on its use of Ziff Davis' online publications in GPT series of large language models, district court denies motion to dismiss claims for contributory copyright infringement, for removal of copyright management information, and for distribution of works without that information; grants motion to dismiss claim for circumvention of technological measures based on disregard of robots.txt instructions; and dismisses in part trademark dilution claims with respect to marks that Ziff Davis did not sufficiently allege were famous.

As part of the consolidated multidistrict litigation against OpenAI and other defendants, OpenAI moved to dismiss certain claims by Ziff Davis, which owns and publishes content through a number of digital media entities and brands. Ziff Davis alleges OpenAI used copyrighted works created and owned by Ziff Davis during the development and operation of its large language models (LLMs), including ChatGPT, without