Part 11 - Count I – Violation of 17 U.S.C. § 501 by OpenAI Defendants

Count I – Violation of 17 U.S.C. § 501 by OpenAI Defendants

116. The above paragraphs are incorporated by reference into this Count.

117. Plaintiff owns the exclusive rights to the Registered Works under 17 U.S.C. § 106.

118. The OpenAI Defendants infringed Plaintiff’s exclusive rights in the Registered Works by downloading those works from the internet.

119. The OpenAI Defendants infringed Plaintiff’s exclusive rights in the Registered Works by encoding the Registered Works in computer memory.

120. Upon information and belief, the OpenAI Defendants infringed Plaintiff’s exclusive rights in the Registered Works by regurgitating those works verbatim or nearly verbatim in response to prompts by ChatGPT users.

121. Upon information and belief, the OpenAI Defendants infringed Plaintiff’s exclusive rights in the Registered Works by producing significant amounts of material from those works in response to prompts by ChatGPT users.

122. The OpenAI Defendants infringed Plaintiff’s exclusive rights in the Registered Works by abridging those works in response to prompts by ChatGPT users.

123. Upon information and belief, the OpenAI Defendants’ infringements were willful and with full knowledge of Plaintiff’s rights in the Registered Works.