Key holding or allegation
The section 1202(b)(1) removal claim against OpenAI survived while other CMI theories and Microsoft were dismissed.
Why it matters
Direct GenAI CMI authority, but not a training-infringement merits judgment.
Facts
The Intercept alleged removal of copyright-management information in connection with OpenAI's use and generation of news content.
Issues before the court
Whether specific section 1202 theories were adequately pleaded against OpenAI and Microsoft.
What the court did not decide
Does not decide whether OpenAI training itself infringes copyright or whether outputs ultimately violate section 1202.
Procedural timeline
U.S. District Court for the Southern District of New York
Motion-to-dismiss ruling: Section 1202(b)(1) CMI-removal claim against OpenAI survived; other CMI theory and Microsoft were dismissed.