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Judge McMahon dismisses Raw Story and AlterNet's DMCA suit against OpenAI for lack of standing, finding no concrete injury from removing copyright information absent dissemination
On Nov. 7, 2024, Judge Colleen McMahon granted OpenAI's motion to dismiss the complaint by Raw Story Media and AlterNet Media, which alleged that OpenAI stripped author, title and copyright information from thousands of their articles before putting them in the WebText, WebText2 and Common Crawl data used to train ChatGPT, in violation of DMCA 1202(b)(1). The court held the plaintiffs lacked Article III standing for damages because they did not allege that any article had been disseminated by ChatGPT with the information removed, and removal alone, "absent dissemination," has no common-law analogue; and lacked standing for an injunction because they did not plausibly allege a substantial risk that the current ChatGPT would reproduce their articles. The judge wrote that the plaintiffs' real grievance is OpenAI's use of their work to build ChatGPT without paying, which is not the harm 1202(b) addresses, adding that whether another legal theory covers that harm was not before the court. Leave to replead was denied without prejudice to a proper motion with a proposed pleading.
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