MANHATTAN (CN) Āā A New York federal judge on Monday evening denied ChatGPT parent company OpenAIās motion to dismiss a direct copyright infringement claim as part of a large multi-district class action over use of copyrighted works to train the popular generative artificial intelligence chatbot.
āA more discerning observer could reasonably conclude that the allegedly infringing outputs are substantially similar to plaintiffsā copyrighted works,ā U.S. District Judge Sidney Stein wrote in his 18-page opinion of the summaries of copyrighted books and convincingly detailed outlines for sequels generated by the chatbot.
āThough the ChatGPT-generated summaries submitted by plaintiffs do not recount ā[e]very intricate plot twist and element of character developmentā in the original works, they are most certainly attempts at abridgment or condensation of some of the central copyrightable elements of the original works such as setting, plot, and characters,ā the Bill Clinton appointee wrote.
As the judge had signaled at oral arguments earlier in October, Stein found ChatGPTās output of unauthorized derivative sequels to books in one plaintiff George R.R. Martinās āA Song of Ice and Fireā series of high fantasy novels to be an illustrative example of the chatbotās potentially infringing use of the central copyrightable elements of the plaintiffsā original works in ChatGPT output.
āThere is no doubt that a reasonable jury applying the more discerning observer test could determine that this output is substantially similar to Martinās original work based on the outputās incorporation of such copyrightable elements of Martinās original work as setting, plot, and characters,ā Stein wrote.
Stein concluded that the āsubstantial similarityā between the ChatGPT-generated output and Martinās copyrighted āA Song of Ice and Fireā novels ā later adapted into the hit HBO television show āGame of Thronesā ā were sufficient to advance the direct copyright claim passed OpenAIās motion to dismiss.
The judge noted that his dismissal opinion only considered the outputs submitted by plaintiffs in connection with the motion for the purposes of assessing substantial similarity, and did not make any conclusion on the authors’ larger fair use argument.
āNothing in this opinion is intended to suggest a view on whether the allegedly infringing outputs are protected as fair uses of the original works,ā he wrote.
The San Francisco-based OpenAI argued in itsĀ motion to dismissĀ that the consolidated plaintiffsā failed to quote or attach any examples of unlawful copying based on ChatGPTās outputs.
āTo determine whether a plaintiff has sufficiently alleged āsubstantial similarityā at the pleading stage, the court looks not to the plaintiffās allegations, but to the works themselves,ā OpenAI argued in the motion. āThe complaint does not attach or even quote a single sentence from any allegedly infringing output; nor does it provide any meaningful description of what the outputs contain, much less how their contents are substantially similar to any protected expression in plaintiffsā works.ā
Representatives for OpenAI did not immediately respond to request for comment Monday evening.
The plaintiffs haveĀ accusedĀ OpenAI and its largest investor Microsoft of infringing their copyrights when training their large language models to develop algorithms that allow anyone to generate similar texts they would otherwise pay writers to create.
The consolidated multi-district litigation combined two previously-consolidated cases in the Southern District of New York with four cases transferred from theĀ Northern District of California, along with two other additional New York cases.
TheĀ first of these casesĀ to be filed in the Southern District of New York was brought by the Authors Guild professional organization for writers on September 19, 2023. The Authors Guild was joined by 17 other authors on the lawsuit, including Martin and authors John Grisham, Elin Hilderbrand, Jonathan Franzen and Jodi Picoult.
The New York Times filed a suit four months later in the same court seeking to curb OpenAIās practice of using the newspaperās stories to train its chatbots.
The coalition of authors who sued OpenAI in the Northern District of California in 2023 includes Pulitzer Prize-winning novelists Michael Chabon, Ta-Nehisi Coates and Junot Diaz.
Comedian and author Sarah Silverman and two other authors brought an earlierĀ complaintĀ against OpenAI in San Francisco federal court claiming ChatGPT can accurately summarize their books when prompted, and say they didnāt give OpenAI permission to use their copyrighted books to train ChatGPT.
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