In the In re OpenAI Copyright Infringement Litigation, Judge Stein issued two separate but similar rulings. They stem from the plaintiffs’ voluntary dismissal of their material-contribution theory of contributory infringement after the Supreme Court’s decision in Cox Communications v. Sony Music Entertainment, as well as their trademark dilution claim.
** Ruling on News Plaintiffs’ Motion for Leave**: Accordingly, the Court finds that the New York Times and Daily News have not demonstrated good cause justifying their requests for leave to amend their complaints to add new theories of contributory copyright infringement liability against Microsoft. In sum, OpenAI’s Rule 12(c) motion (Dkt. No. 1586) is denied as moot as to the News Plaintiffs because the News Plaintiffs have agreed to exactly what OpenAI sought in its motion: dismissal with prejudice of their “material contribution” contributory copyright infringement claims against OpenAI. The Court dismisses with prejudice the News Plaintiffs’ “material contribution” contributory copyright infringement claims against OpenAI and Microsoft premised on alleged direct infringement by end users. The Court also dismisses with prejudice the trademark dilution claims by the New York Times and the Daily News. The New York Times’s and Daily News’s motions requesting leave to amend their complaints to add new theories of contributory copyright liability against Microsoft (Dkt. Nos. 1590, 1598) are denied. The Court notes that CIR has filed a Second Amended Complaint reflecting the dismissal of its contributory copyright infringement claim against OpenAI and Microsoft. (Dkt. No. 1620.) The New York Times and Daily News are directed to file amended complaints in conformity with this Order within fifteen days.
** Ruling on Ziff Davis Plaintiff’s Motion for Leave: **Accordingly, 1. OpenAI’s motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12 (c) dismissing Ziff Davis’s contributory copyright infringement claim is denied as moot. 2. Ziff Davis’s cross motion requesting leave to file a Second Amended Complaint dismissing its contributory copyright infringement, federal trademark dilution, and state-law trademark dilution claims is decided as follows: a. Ziff Davis’s contributory copyright infringement claim that has been stayed and its federal and state-law trademark dilution claims that have been stayed-i.e., those claims that concern the models o1, o1 mini, o1-pro, GPT 4.1, GPT-4.5, o3, o3-mini, o4-mini, and GPT-5-are dismissed without prejudice. b. Ziff Davis’s active “material contribution” contributory copyright infringement claim and active federal and state-law trademark dilution claims are dismissed with prejudice. Ziff Davis is directed to file an amended complaint in conformity with this Order within fifteen days.