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Judge dismisses most of Sarah Silverman’s copyright infringement lawsuit against OpenAI
Most of the class-action copyright infringement lawsuit filed against OpenAI by comedian Sarah Silverman and others has been dismissed.
In fact, in the case of Silverman et al v. OpenAI, Inc. in the U.S. District Court of Northern California (which oversees San Francisco and much of Silicon Valley), Judge Araceli Martínez-Olguín ruled against four of the six counts in the lawsuit originally filed in July 2023 by Silverman and her co-plaintiffs, authors Richard Kadrey and Christopher Golden, who all accused OpenAI of violating their copyrights by training its AI models GPT-3.5 and GPT-4 on their respective books without consent, to power its ChatGPT consumer facing application. Ultimately, the judge in this case observed that the lawyers representing Silverman and her co-plaintiffs’ did not present enough or any evidence that ChatGPT was copying their books wholesale, or even significant portions of them, in its responses to users. But did OpenAI violate the Digital Millennium Copyright Act by creating “derivative works” of Silverman’s, Kadrey’s and Golden’s books in the form of “ChatGPT outputs” without the proper CMI attached to it?
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