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More Lawsuits Enter AI/Content Creators War

By Riley Brennan and Allison Dunn
August 01, 2023

The litigation warfront over the use of entertainment content in artificial intelligence software is rapidly escalating.

OpenAI now has been sued for suit in the U.S. District Court for the Northern District of California by book authors, including comedian Sarah Silverman, Christopher Golden and Richard Kadrey alleging their copyrighted materials were used to train the artificial-intelligence software program ChatGPT without their permission. Silverman v. OpenAI Inc., 3:23-cv-03416. An identical suit class action complaint was filed in the same court against Meta Platforms and its AI product called LLaMA, which was released in February. Kadrey v. Meta Platforms Inc. v. 3:23-cv-03417. The complaints allege direct copyright infringement, vicarious copyright infringement, violations of 17 U.S.C. §1202(b) of the Digital Millennium Copyright Act (DMCA), unjust enrichment, violations of unfair competition under the California Business and Professions Code §17200 et seq. and common law negligence.

The plaintiffs own registered copyrights regarding their books, which include Silverman's The Bedwetter, Golden's Ararat, and Kadrey's Sandman Slim. The lawsuits were filed on behalf of the plaintiffs by the San Francisco-based Joseph Saveri Law Firm and Los Angeles-based Matthew Butterick.

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