Ziff Davis v OpenAI: Key Copyright Litigation Ruling
In a recent decision, In re OpenAI, Inc. Copyright Infringement Litig., 2025 WL 3635559 (S.D.N.Y. Dec. 15, 2025) District Court Judge Stein ruled, for the first time in AI copyright litigation, that crawling a website in violation of a robots.txs website code does not infringe the anti-circumvention provisions of the DMCA. The New York court also confirmed in a pleadings motion ruling that tenable claims (claims that can survive a pleading motion) can be made out by alleging copyright infringement in AI generated outputs, DMCA claims for intentional removal of copyright management information (CMI), and trademark dilution claims for using famous marks in generated AI output that does not contain content of the trademark owner.…
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