The New York Times Fails to Identify Copyright Infringement by ChatGPT

IV. ARGUMENT

This Motion seeks dismissal of four claims. (1) OpenAI seeks partial dismissal of Count I (Direct Copyright Infringement) to the extent it is based on acts of reproduction that occurred more than three years before this action. Infra Section IV(A). (2) OpenAI seeks full dismissal of Count IV (Contributory Infringement) for failure to allege that it had actual knowledge of the specific acts of direct infringement alleged. Infra Section IV(B). (3) OpenAI seeks full dismissal of Count V (Copyright Management Information or “CMI” Removal) for several reasons, including failure to identify the CMI at issue, failure to allege OpenAI “remove[d]” CMI from any datasets or outputs, failure to allege “distribution,” and failure to plead facts that suggest that OpenAI acted with scienter. Infra Section IV(C). And (4) OpenAI seeks full dismissal of Count VI (Unfair Competition by Misappropriation) on grounds of Copyright Act preemption. Infra Section IV(D).