How The OpenAI Court Got It Wrong

In this episode, Peter Csathy's co-hosts discuss his new article titled, "Raw Deal: The OpenAI Court Got It Wrong - Raw Story Media's Lawsuit Was Wrongly Dismissed on 'Standing' Grounds". In his article, Csathy discusses the recent dismissal by a federal judge of Raw Story Media's lawsuit against OpenAI on "standing" grounds. Raw Story had alleged that OpenAI included Raw Story's content in its LLM training data set without consent — and stripped out its copyright management information (CMI) in violation of the DMCA (specific copyright provisions related to the digital era). The Court dismissed the case, because the Judge concluded that Raw Story Media had failed to allege any actionable “harm” or “injury.”

Csathy writes that OpenAI’s “big win” is a fleeting one that will be reversed if it gets to that point, because the Judge simply got it wrong as a matter of law. And he lays out in detail why that is the case.

Peter generated this episode using Google NotebookLM - and "approves" its content (and believes it is comprehensive, compelling and consistent with his words).

Reach out to host Peter Csathy at peter@creativemedia.biz, and check out Peter's entertainment, media, AI and tech-focused business advisory and legal services firm Creative Media. You can also sign up for his free generative AI-focused newsletter "the brAIn" on Substack (via this link) -- all about how generative AI is transforming the media and entertainment industry.