The DMCA Dispute: Experts Weigh In
A Similar Case
The Center for Investigative Reporting, a nonprofit newsroom, and The Intercept, a news organization, have also filed DMCA claims against OpenAI and Microsoft in a copyright infringement case. The case is ongoing, and experts are divided on the outcome.
Disagreement Among Experts
Not all experts agree with the court’s decision. Matthew Sag, a professor of law and artificial intelligence at Emory University, believes that the publishers failed to prove that OpenAI broke the law. He argues that they did not provide concrete examples of how ChatGPT distributed copies of their work after stripping CMI.
Specific Examples Required
Ann G. Fort, an intellectual property lawyer and partner at Eversheds Sutherland, suspects that the news outlets will need to provide specific examples of how ChatGPT produces infringing responses. "They’re going to need to show output," she says.
The Impact of the Ruling
The ruling could have far-reaching consequences, according to James Grimmelmann, a professor of digital and internet law at Cornell University. He believes that the logic applied in this case could be extended to argue that publishers don’t have standing "to sue over model training at all, even for copyright infringement."
The Broader Concept of Infringement
The judge pointedly noted that she found the specific DMCA claims lacking rather than the broader concept of infringement. "Let us be clear about what is really at stake here. The alleged injury for which the plaintiffs truly seek redress is not the exclusion of CMI from defendant’s training sets, but rather the defendant’s use of plaintiff’s articles to develop ChatGPT without compensation to plaintiff," Judge McMahon writes.
Conclusion
The dispute highlights the contentious nature of DMCA claims in AI lawsuits. While the court’s decision may be a setback for the publishers, the case is far from over. The outcome will depend on the specific arguments presented and the evidence provided.
FAQs
Q: What is the DMCA?
A: The DMCA (Digital Millennium Copyright Act) is a United States copyright law that criminalizes the production, distribution, or possession of technology that can be used to circumvent measures that control access to copyrighted works.
Q: What is a DMCA claim?
A: A DMCA claim is a legal action brought under the DMCA to stop the unauthorized distribution of copyrighted material.
Q: What is ChatGPT?
A: ChatGPT is a language model developed by OpenAI that can generate human-like text responses.
Q: What is the Center for Investigative Reporting?
A: The Center for Investigative Reporting is a nonprofit newsroom that produces investigative journalism.
