Count VI – Violation of 17 U.S.C. § 1202(b)(1) by Defendant Microsoft

Count VI – Violation of 17 U.S.C. § 1202(b)(1) by Defendant Microsoft

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

149. Upon information and belief, Defendant Microsoft created copies of Plaintiff’s works of journalism with author information removed and included them in training sets used to train ChatGPT and Bing AI products.

150. Upon information and belief, Defendant Microsoft created copies of Plaintiff’s works of journalism with title information removed and included them in training sets used to train ChatGPT and Bing AI products.

151. Upon information and belief, Defendant Microsoft created copies of Plaintiff’s works of journalism with copyright notice information removed and included them in training sets used to train ChatGPT and Bing AI products.

152. Upon information and belief, Defendant Microsoft created copies of Plaintiff’s works of journalism with terms of use information removed and included them in training sets used to train ChatGPT and Bing AI products.

153. Defendant Microsoft had reason to know that inclusion in training sets of Plaintiff’s works of journalism without author, title, copyright notice, and terms of use information would induce ChatGPT and Bing AI products to provide responses to users that incorporated material from Plaintiff’s copyright-protected works or regurgitated copyright-protected works verbatim or nearly verbatim.

154. Defendant Microsoft had reason to know that inclusion in training sets of Plaintiff’s works of journalism without author, title, copyright notice, and terms of use information would induce ChatGPT and Bing AI product users to distribute or publish responses that utilized Plaintiff’s copyright-protected works of journalism that such users would not have distributed or published if they were aware of the author, title, copyright notice, or terms of use information.

155. Defendant Microsoft had reason to know that inclusion in training sets of Plaintiff’s works of journalism without author, title, copyright notice, and terms of use information would enable copyright infringement by ChatGPT, Bing AI, and ChatGPT and Bing AI users.

156. Defendant Microsoft had reason to know that inclusion in training sets of Plaintiff’s works of journalism without author, title, copyright notice, and terms of use information would facilitate copyright infringement by ChatGPT, Bing, AI, and ChatGPT and Bing AI users.

157. Defendant Microsoft had reason to know that inclusion in training sets of Plaintiff’s works of journalism without author, title, copyright notice, and terms of use information would conceal copyright infringement by Defendants, ChatGPT, Bing AI, and ChatGPT and Bing AI users.