Plaintiffs Raw Story Media and Alternet alleged that thousands of their copyrighted news articles were collected and stripped of author, title and copyright information before being entered into OpenAI sites used to train ChatGPT. Defendants' removal of copyright management information prior to training ChatGPT allegedly violated Section 1202(b)(1) of the Digital Millennium Copyright Act (DMCA), for which plaintiffs claim entitlement to actual or statutory damages.

U.S. District Judge Colleen McMahon of the Southern District of New York granted defendants' dismissal of plaintiffs' complaint under FRCP 12(b)(1) and (6), and denied—without prejudice to renewal upon a proper record—plaintiffs leave to replead.