3/31/2024 0 Comments Filing a motion to dismissIn an attempt to do so without drawing the judge's ire, it sought to invoke several of the loopholes that allow the consideration of information outside the express language of a complaint, stretching the exceptions until they would swallow the basic rules on motions to dismiss. Instead, OpenAI ranged far afield factually, not limiting itself to the factual averments of the complaint. The court will then dismiss the complaint (or parts of it) only if those facts do not form a plausible basis for the claims asserted or if there is some legal bar to the claims that is apparent without any fact finding. That is because the court's standard in reviewing a motion to dismiss is to assume the truth of all of the facts in a well-pled complaint and all reasonable inferences drawn from those facts. Motions to dismiss generally follow a well-trodden path of reciting the factual averments of the complaint, then arguing that those facts, even in the best of circumstances for the plaintiff, do not form the basis of an actionable claim. OpenAI's motion to dismiss is noteworthy for a number of reasons. OpenAI also seeks to have portions of the direct and contributory copyright infringement claims that occurred outside of the statute of limitations dismissed as time-barred. On February 26, 2024, OpenAI responded with a motion to dismiss the claims of contributory copyright infringement (Count IV), DMCA violations (Count V), and unfair competition (Count VI). ![]() As we have discussed earlier, a notable aspect of the complaint is its specificity - particularly, it provides several examples of the ChatGPT LLM being able to reproduce Times articles almost verbatim. The Times's complaint includes counts of direct copyright infringement, vicarious copyright infringement, contributory copyright infringement, violations of the Digital Millennium Copyright Act (DMCA), unfair competition by misappropriation, and trademark dilution. District Court for the Southern District of New York, alleging that those companies have improperly trained large language models (LLMs) on the Times's copyrighted works, and that the defendants then deployed these models for public use. On December 27, 2023, the Times filed its lawsuit against Microsoft Corp. In short, the motion to dismiss seems more like an attempt to influence the public view of the Times case, rather than an effort to narrow the scope of the dispute. It sought to recast the case by including an extensive factual background that went far beyond - and sometimes is incompatible with - the allegations of the complaint. But instead of filing a traditional motion to dismiss that argues that the allegations of the complaint are insufficient to support legal liability, OpenAI went on the offensive. ![]() ![]() In response to the lawsuit the New York Times has filed against it, OpenAI has sought to dismiss portions of the complaint.
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