Open AI reply to amended complaint Court Filing Kandis A. Westmore, November 3, 2023, is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This is part 6 of 13.
II. ARGUMENT
C. Plaintiffs Fail to Plead a DMCA Claim Under Section 1202(b)
Plaintiffs spend much of the DMCA section of their Opposition (Opp. at 11-16) addressing arguments that OpenAI did not make in its motion. (See MTD at 10-14.) Defendants are not relitigating issues the Court has ruled on.
Rather, Defendants’ DMCA arguments are limited to two issues pertaining to newly pled facts in the FAC: (1) Plaintiffs’ specific examples of “removal” are not removal of CMI from a work at all; and (2) the alleged “removals” from these added examples are not from identical copies of Plaintiffs’ works.[1] (Id.)
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