3 Count: Counterfeit DVDs

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1: News Nonprofit Sues ChatGPT Maker Open AI and Microsoft for ‘Exploitative’ Copyright Infringement

First off today, Sarah Parvini and Matt O’Brien at the Associated Press report that The Center for Investigative Reporting (CIR) has filed a lawsuit against OpenAI and Microsoft alleging infringement of their work when training ChatGPT and other AI systems.

The CIR owns Mother Jones and Reveal. In its lawsuit, it claims that its publications were used to train ChatGPT without permission. They claim this is both a copyright infringement and a threat to investigative reporting.

OpenAI has not responded to the lawsuit but has said in other cases that it feels such training is a fair use. The CIR is the latest news organization to sue AI companies, including The New York Times and the Chicago Tribune. Organizations like the Washington Post and the New York Post have struck licensing deals with AI companies.

2: Internet Archive Fights to Preserve Digital Libraries in Second Circuit Hearing

Next up today, Erik Uebelacker at Courthouse News Service reports that the Internet Archive went before the Second Circuit Court of Appeals to try and preserve its practice of controlled digital lending.

The lawsuit was filed by four US book publishers, who alleged that the Internet Archive had committed copyright infringement by making books they hold the rights to available online. The Internet Archive argued that it was lending the books by limiting the number of people who could access them and not lending out more copies than it owned.

However, that changed at the beginning of the pandemic when the Internet Archive launched the National Emergency Library, which removed those restrictions. The publishers sued to challenge the National Emergency Library and controlled digital lending more broadly. A lower court sided with the publishers, which prompted the Internet Archive to appeal the decision to the Second Circuit.

3: Producer Steven Paul Found Liable for Copyright Infringement Over Counterfeit DVDs

Finally today, Winston Cho at The Hollywood Reporter Esquire reports that producer Steven Paul and affiliated distribution companies have been ordered to pay $150,000 to an independent studio over allegations that they pirated DVDs.

The lawsuit was filed by Harvest Aid, an independent company that produced the faith-based film I Believe. They claim that, in 2017, they entered into an exclusive distribution agreement with Wax Works to make copies of the film. Wax Works then worked with a releasing company owned by Paul to sell DVDs at Walmart.

However, accounting seemed to show that the company produced over 6,000 more DVDs than allowed. What happened to those DVDs is unclear. However, a jury has sided with Harvest Aid, awarding them $150,000 in damages. The defendants said they would appeal the decision and described the case as a nuisance lawsuit.

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