Part 19 - COUNT I: Copyright Infringement (17 U.S.C. § 501)

COUNT I: Copyright Infringement (17 U.S.C. § 501)

Against All Defendants

158. The Times incorporates by reference and realleges the preceding allegations as though fully set forth herein.

159. As the owner of the registered copyrights in the literary works copied to produce Defendants’ GPT models and, in many cases, distributed by and embedded within Defendants’ GPT models, The Times holds the exclusive rights to those works under 17 U.S.C. § 106.

160. By building training datasets containing millions of copies of Times Works, including by scraping copyrighted Times Works from The Times’s websites and reproducing such works from third-party datasets, the OpenAI Defendants have directly infringed The Times’s exclusive rights in its copyrighted works.

161. By storing, processing, and reproducing the training datasets containing millions of copies of Times Works to train the GPT models on Microsoft’s supercomputing platform, Microsoft and the OpenAI Defendants have jointly directly infringed The Times’s exclusive rights in its copyrighted works.

162. On information and belief, by storing, processing, and reproducing the GPT models trained on Times Works, which GPT models themselves have memorized, on Microsoft’s supercomputing platform, Microsoft and the OpenAI Defendants have jointly directly infringed The Times’s exclusive rights in its copyrighted works.

163. By disseminating generative output containing copies and derivatives of Times Works through the ChatGPT offerings, the OpenAI Defendants have directly infringed The Times’s exclusive rights in its copyrighted works.

164. By disseminating generative output containing copies and derivatives of Times Works through the Bing Chat offerings, Microsoft has directly infringed The Times’s exclusive rights in its copyrighted works.

165. On information and belief, Defendants’ infringing conduct alleged herein was and continues to be willful and carried out with full knowledge of The Times’s rights in the copyrighted works. As a direct result of their conduct, Defendants have wrongfully profited from copyrighted works that they do not own.

166. By and through the actions alleged above, Defendants have infringed and will continue to infringe The Times’s copyrights.

167. As a direct and proximate result of Defendants’ infringing conduct alleged herein, The Times has sustained and will continue to sustain substantial, immediate, and irreparable injury for which there is no adequate remedy at law. Unless Defendants’ infringing conduct is enjoined by this Court, Defendants have demonstrated an intent to continue to infringe the copyrighted works. The Times therefore is entitled to permanent injunctive relief restraining and enjoining Defendants’ ongoing infringing conduct.

168. The Times is further entitled to recover statutory damages, actual damages, restitution of profits, attorneys’ fees, and other remedies provided by law.