OpenAI Gets Some of Sarah Silverman's Suit Cut in Mixed Ruling

OpenAI must face a claim that it violated California unfair competition law by using copyrighted books from comedian Sarah Silverman and other authors to train ChatGPT without permission. From a report: But US District Judge Araceli Martinez-Olguin on Monday also dismissed a number of Silverman and her coplaintiffs' other legal claims, including allegations of vicarious copyright infringement, violations of the Digital Millennium Copyright Act, negligence, and unjust enrichment. The judge gave the authors the opportunity to amend their proposed class action by March 13 to fix the defects in the complaint. The core of the lawsuit remains alive, as OpenAI's motion to dismiss, filed last summer, didn't address Silverman's claim of direct copyright infringement for copying millions of books across the internet without permission. Courts haven't yet determined whether using copyrighted work to train AI models falls under copyright law's fair use doctrine, shielding the companies from liability. Although Martinez-Olguin allowed the unfair competition claim to advance, she said the claim could be preempted by the federal Copyright Act, which prohibits state law claims that allege the same violation as a copyright claim.

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