We looked at all lawsuits occurring against OpenAI and listed them below. In addition to the relevant detail we had a lawyer provide some commentary.
This list will remain updated as an easy-to-reference location for any lawsuits against OpenAI ordered by date (oldest to newest).
None of the information below is legal advice.
Presently, the jurisdictional disputes aimed at OpenAI and its AI model, ChatGPT, remain in their nascent phases, the conclusive determinations of which remain elusive. Also, these legal actions signify the inevitability of burgeoning legal conundrums emblematic of the AI domain in the impending years.
Here's all lawsuits occurring against OpenAI and ChatGPT are given below:
Statement of Claim. Access through: https://litigate.com/assets/uploads/Canadian-News-Media-Companies-v-OpenAI.pdf
This lawsuit alleges copyright infringement against OpenAI by several leading Canadian news outlets, including the Toronto Star, CBC/Radio-Canada, the Globe and Mail, Postmedia, Metroland, and the Canadian Press. As with similar cases against OpenAI in the United States, the plaintiffs claim that OpenAI is committing copyright infringement by using content from the Canadian media to train its products like ChatGPT.
The Canadian news outlets argue that OpenAI is guilty of and liable for the following:
Though it’s the first of its kind in Canada (source), this case from major Canadian news organizations follows similar cases from United States media outlets, such as the Daily News LP and the New York Times. Their claims that OpenAI is using and profiting from their copyrighted content without permission is another example of the growing concern surrounding the unauthorized use of data for AI training purposes.
With more and more copyright infringement-related lawsuits coming at OpenAI from various news media organizations, the outcomes of these cases could set legal precedents for the current grey area between AI and copyright.
Complaint. Access through: https://regmedia.co.uk/2024/08/05/musk_v_openai.pdf
Musk’s second lawsuit against OpenAI, Altman, Brockman, et al. alleges civil RICO violations, fraud, false advertising, unfair competition, and breach of contract. He claims they went against the original nonprofit mission outlined in the Founding Agreement by prioritizing profit-driven activities, misleading donors, and misusing their contributions.
What’s interesting is that many of these same charges were filed in February 2024 and then withdrawn in June 2024. However, the addition of fraud and RICO violations kicks this case up a notch.
Now, Musk alleges that OpenAI is also guilty of systematically conspiring to defraud him and other donors by misleading them about its nonprofit mission while still using their funds to support for-profit activities.
Musk’s lawsuit makes the following claims against OpenAI and other defendants:
Since it covers many of the same allegations as his previous withdrawn lawsuit against OpenAI, it may be surprising to see Musk refile the case so soon. However, this may have been a strategic move.
It was his decision to dismiss the case without prejudice that enabled him to refile, which may have given him and his attorneys the extra time they needed to put together a stronger case.
Amended Complaint. On November 14, 2024, Musk’s attorneys filed an amended complaint. This one expands on the claims in the original complaint, with some of the most notable additions including allegations under antitrust laws, self-dealing, and also alleges a conspiracy involving Microsoft’s using OpenAI for monopolistic practices as reported by The Verge.
OpenAI’s latest response. On December 13, 2024, OpenAI published an article in response, Elon Musk wanted an OpenAI for-profit, including a detailed timeline of events and screenshots of email correspondence.
Case Details:
Parties:
Reference:
This lawsuit alleges copyright infringement by Microsoft Corporation against several newspapers affiliated with Alden Global Inc. Similar to the New York Times case, the claim centers around the use of copyrighted content from these newspapers to train Microsoft's large language models (LLMs).
The newspapers argue that Microsoft, without permission, incorporated their copyrighted content into the training data for their AI models, potentially leading to:
They seek to hold Microsoft liable for the unauthorized use of their work, demanding billions of dollars in damages.
This case follows the lawsuit filed by The New York Times against Microsoft and OpenAI, highlighting the growing concerns among news organizations regarding the potential misuse of their content for AI training.
This lawsuit closely follows the one filed by The New York Times against OpenAI and Microsoft, highlighting the growing concerns within the news industry regarding the potential misuse of their content for AI training purposes.
Complaint. Access through: https://www.documentcloud.org/documents/24452289-elon-musk-openai-lawsuit/?responsive=1&title=1
Elon Musk is suing OpenAI, its CEO Sam Altman, and President Greg Brockman for breaching their Founding Agreement to develop AI technology for the public good and not private interests. The lawsuit alleges that by shifting from a nonprofit to a for-profit model, OpenAI is guilty of breach of contract, fiduciary duty, and unfair competition under the California Business and Professions Code.
Musk’s lawsuit outlines the following claims against OpenAI:
As a co-founder of OpenAI in 2015 (source and source), Musk may have all kinds of motivations for filing this lawsuit against the company. Specifically, he has been vocal about the risks associated with artificial general intelligence (AGI) (source).
Withdrawn. On June 11, Musk’s attorneys moved to dismiss this lawsuit without reason. However, they chose to dismiss the case without prejudice, enabling him to refile. He did just that on August 5, 2024.
This complaint alleges that OpenAI, its affiliates, and Microsoft violated the Digital Millennium Copyright Act (DMCA) by removing or altering copyright management information from The Intercept’s articles. They further claim that by doing so, OpenAI and Microsoft enabled copyright infringement by OpenAI users — whether the users themselves realized it or not.
The Intercept’s major claims against OpenAI and Microsoft are as follows:
The Raw Story and AlterNet filed a similar suit on the same day (read Case 13 in this article for more details).
Though other news organizations have filed copyright infringement lawsuits against OpenAI and Microsoft, The Intercept claims that the defendants violated the DMCA by removing their copyright information. This makes it similar to Raw Story and AlterNet’s lawsuit filed on the same day by the same law firm.
However, a key difference between the two lawsuits is that The Intercept names both OpenAI and Microsoft as defendants, while Raw Story and AlterNet only list OpenAI.
Like many other plaintiffs on this list, The Intercept wants OpenAI and Microsoft to stop the unauthorized use of their copyrighted works and to secure financial compensation for their previous violations.
Complaint. Access through: https://www.loevy.com/wp-content/uploads/2024/02/Raw-Story-v.-OpenAI-Complaint-Filed.pdf
Raw Story and AlterNet’s lawsuit alleges that OpenAI violated the Digital Millennium Copyright Act (DMCA) by removing copyright management information from their original, copyrighted works and using the altered versions to train their AI models without permission.
Raw Story and AlterNet’s major claims against OpenAI in this case include:
Although similar cases against OpenAI focus on copyright infringement, Raw Story and AlterNet’s lawsuit is all about DMCA violations. It’s like The Intercept’s lawsuit filed by the same law firm on the same date, also accusing OpenAI of DMCA violations, failure to enter into licensing agreements, and facilitating user copyright infringement.
The most notable difference between the two cases is that The Intercept included both Microsoft and OpenAI as defendants, while Raw Story and AlterNet suit only named OpenAI.
Dismissed. On November 7, 2024, a New York federal judge dismissed Raw Story and Alternet’s lawsuit against OpenAI. Judge McMahon ruled that the plaintiffs lacked a real injury here, and couldn’t prove any adverse effects. Additional reading via Bloomberg Law.
Copyright Infringement.
The New York Times Company has filed a lawsuit against OpenAI and its investor, the technology giant, for copyright infringement. The lawsuit alleges that the companies used millions of the newspaper's articles without permission to train their artificial intelligence models, which include the popular AI platform ChatGPT and the AI platform now known as Copilot.
The New York Times claims that OpenAI and its AI models, which are powered by large language models (LLMs), have generated output that recites Times content verbatim, closely summarizes it, and mimics its expressive style.
The newspaper argues that the unlawful use of its work to create AI models infringes on its copyright and seeks to hold the companies responsible for billions of dollars in statutory and actual damages.
The New York Times is the first major media company to sue artificial intelligence companies for copyright infringement. The lawsuit alleges that OpenAI and its investor, the technology giant, have used millions of the newspaper's articles without permission to train their AI models, which have been used to generate content that closely resembles the Times' work.
The key issues in this case include:
The New York Times seeks to hold OpenAI and its investors responsible for the billions of dollars in statutory and actual damages caused by the unlawful use of its work to create AI models
The newspaper also asks the court to prevent them from training their AI models using its work and to remove its work from their datasets.
Copyright Infringement
The plaintiffs allege that OpenAI and Microsoft infringed their copyrights by using their works to train their ChatGPT AI language model. They argue that this is a violation of their exclusive right to reproduce, distribute, and publicly display their works.
On November 21, 2023, Julian Sancton and other writers filed a class-action lawsuit against OpenAI and Microsoft in the United States District Court for the Southern District of New York. The plaintiffs allege that OpenAI and Microsoft infringed their copyrights by using their works to train their ChatGPT AI language model.
The plaintiffs argue that OpenAI and Microsoft's use of their works is not a fair use because it is not transformative. They also argue that OpenAI and Microsoft's use of their works is commercial because ChatGPT is a commercial product.OpenAI and Microsoft have denied the allegations in the lawsuit.
The companies have argued that ChatGPT is a fair use of the plaintiffs' works because it is a transformative work that creates new meaning and expression. OpenAI and Microsoft have also argued that the plaintiffs have not suffered any damages because ChatGPT has not replaced their works in the marketplace.
The case is still in its early stages, and it is too early to say how it will be resolved. However, the case has raised important questions about the copyright implications of training large language models on copyrighted data.
The outcome of this case could have a significant impact on the development and use of large language models. If the court finds that OpenAI and Microsoft's use of the plaintiffs' works is a copyright infringement, it could make it more difficult for AI developers to use copyrighted data to train their models. This could stifle innovation in the AI field.
On the other hand, if the court finds that OpenAI and Microsoft's use of the plaintiffs' works is a fair use, it could pave the way for the wider use of copyrighted data to train large language models. This could lead to the development of new and innovative AI products and services.
The plaintiffs seek injunctive relief to stop OpenAI and Microsoft from using their works, as well as damages for the profits that OpenAI and Microsoft have made from using their works without permission.
Copyright Infringement
The plaintiffs allege that OpenAI infringed their copyrights by using their works to train its ChatGPT AI language model. They argue that this is a violation of their exclusive right to reproduce, distribute, and publicly display their works.
On September 19, 2023, the Authors Guild and 17 authors filed a class-action lawsuit against OpenAI in the United States District Court for the Southern District of New York. The plaintiffs allege that OpenAI infringed their copyrights by using their works to train its ChatGPT AI language model.
The plaintiffs argue that OpenAI's use of their works is not a fair use because it is not transformative. They also argue that OpenAI's use of their works is commercial because ChatGPT is a commercial product.
OpenAI has denied the allegations in the lawsuit. The company has argued that ChatGPT is a fair use of the plaintiffs' works because it is a transformative work that creates new meaning and expression. OpenAI has also argued that the plaintiffs have not suffered any damages because ChatGPT has not replaced their works in the marketplace.
The case is still in its early stages, and it is too early to say how it will be resolved. However, the case has raised important questions about the copyright implications of training large language models on copyrighted data.
The outcome of this case could have a significant impact on the development and use of large language models. If the court finds that OpenAI's use of the plaintiffs' works is a copyright infringement, it could make it more difficult for AI developers to use copyrighted data to train their models. This could stifle innovation in the AI field.
On the other hand, if the court finds that OpenAI's use of the plaintiffs' works is a fair use, it could pave the way for the wider use of copyrighted data to train large language models. This could lead to the development of new and innovative AI products and services.
The plaintiffs seek injunctive relief to stop OpenAI from using their works, as well as damages for the profits that OpenAI has made from using their works without permission.
Copyright Infringement
The plaintiffs allege that the defendants infringed their copyrights by creating and distributing a dataset that contains substantial portions of their copyrighted works.
Chabon v. OpenAI, Inc. is a copyright infringement lawsuit filed in the United States District Court for the Northern District of California on September 8, 2023. The plaintiffs are Pulitzer Prize-winning author Michael Chabon and several other writers, including George R.R Martin, David Henry Hwang, Matthew Klam, Rachel Louise Snyder, and Ayelet Waldman. The defendant is OpenAI, Inc., the developer of the ChatGPT AI language generator.
The plaintiffs allege that OpenAI copied their copyrighted works without permission to train ChatGPT. They argue that this is a violation of their exclusive right to reproduce, distribute, and publicly display their works. The plaintiffs are seeking injunctive relief to stop OpenAI from using their works, as well as damages for the profits that OpenAI has made from using their works without permission.
OpenAI has denied the allegations in the lawsuit. The company has argued that ChatGPT is a fair use of the plaintiffs' works because it is a transformative work that creates new meaning and expression. OpenAI has also argued that the plaintiffs have not suffered any damages because ChatGPT has not replaced their works in the marketplace.
The plaintiffs seek injunctive relief to stop the defendants from using their works, as well as damages for the profits that the defendants have made from using their works without permission.
Trademark Infringement and Unfair Competition
OpenAI, Inc. alleges that Open Artificial Intelligence, Inc. infringed its trademark "OpenAI" by using a nearly identical trademark "Open AI" on its website and in its marketing materials. OpenAI also alleges that Open Artificial Intelligence engaged in unfair competition by creating a fraudulent website to mislead the USPTO into believing that it was using the "Open AI" mark in commerce.
OpenAI, Inc. v. Open Artificial Intelligence, Inc. is a trademark infringement lawsuit filed by OpenAI, Inc., the developer of ChatGPT and Dall-E, against Open Artificial Intelligence, Inc., an unaffiliated company. OpenAI alleges that Open Artificial Intelligence is infringing on its trademark by using a nearly-identical name and logo, and by creating a fraudulent website to mislead the USPTO into believing that it is using the mark in commerce.
OpenAI filed the lawsuit on August 4, 2023, in the United States District Court for the Northern District of California. The case is still ongoing, and no trial date has been set.
In its complaint, OpenAI alleges that Open Artificial Intelligence has caused it "irreparable harm" by damaging its reputation and goodwill, and by confusing consumers into believing that the two companies are affiliated. OpenAI is seeking a permanent injunction to prevent Open Artificial Intelligence from using the mark, as well as damages and attorneys' fees.
Open Artificial Intelligence has not yet filed a response to the complaint.
The outcome of this case could have broader implications for the tech industry, as it raises questions about the use of generic terms in trademarks. The term "artificial intelligence" is a descriptive term that is used by many companies in the tech industry. It is unclear whether OpenAI will be able to successfully assert trademark rights in the term "Open AI," given that other companies are also using the term in a descriptive manner.
OpenAI seeks injunctive relief to stop Open Artificial Intelligence from using the "Open AI" trademark and website, as well as damages for the profits that Open Artificial Intelligence has made from infringing on OpenAI's trademark and engaging in unfair competition.
Breach of Contract
The plaintiffs allege that GitHub, Inc., Microsoft Corporation, OPENAI, INC., OPENAI, L.P., OPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, P.L. and OPENAI STARTUP FUND MANAGEMENT, LLC infringed their copyrights by using their code to train their Codex and Copilot AI coding tools. They argue that this is a violation of their exclusive right to reproduce, distribute, and publicly display their code.
On November 10, 2022, a group of programmers filed a lawsuit against GitHub, Inc., Microsoft Corporation, OPENAI, INC., OPENAI, L.P., OPENAI GP, L.L.C., OPENAI STARTUP FUND GP I, L.L.C., OPENAI STARTUP FUND I, P.L. and OPENAI STARTUP FUND MANAGEMENT, LLC in the United States District Court for the Northern District of California. The plaintiffs allege that GitHub and OpenAI infringed their copyrights by using their code to train their Codex and Copilot AI coding tools.
The plaintiffs claim that they had licensed their code to GitHub under open source licenses that require attribution and require GitHub to obtain permission before using the code for commercial purposes. The plaintiffs allege that GitHub and OpenAI violated these licenses by using their code without permission and without attribution.
The plaintiffs also allege that GitHub and OpenAI engaged in unfair competition by using their code to create a competitive advantage for their own products. The plaintiffs argue that GitHub and OpenAI's use of their code gives them a head start in the development of new AI coding tools.
GitHub, Microsoft, OpenAI, and the other defendants have denied the allegations in the lawsuit. The companies have argued that their use of the plaintiffs' code is a fair use because it is transformative. They also argue that the plaintiffs have not suffered any damages because their code is still available to the public.
The outcome of this case could have a significant impact on the development and use of large language models. If the court finds that GitHub and OpenAI's use of the plaintiffs' code is a copyright infringement, it could make it more difficult for AI developers to use copyrighted code to train their models. This could stifle innovation in the AI field.
On the other hand, if the court finds that GitHub and OpenAI's use of the plaintiffs' code is a fair use, it could pave the way for the wider use of copyrighted code to train large language models. This could lead to the development of new and innovative AI products and services.
The plaintiffs seek injunctive relief to stop GitHub and OpenAI from using their code, as well as damages for the profits that GitHub and OpenAI have made from using their code without permission.
Copyright Infringement, Breach of Contract, and Unfair Competition
The plaintiffs allege that GitHub, Inc. and OpenAI, Inc. infringed their copyrights by using their code to train their Codex and Copilot AI coding tools. They argue that this is a violation of their exclusive right to reproduce, distribute, and publicly display their code.
The plaintiffs also allege that GitHub and OpenAI breached their contract with the plaintiffs by using their code without permission. The plaintiffs claim that they had licensed their code to GitHub under open source licenses that require attribution and require GitHub to obtain permission before using the code for commercial purposes.
The plaintiffs further allege that GitHub and OpenAI engaged in unfair competition by using the plaintiffs' code to create a competitive advantage for their own products.
On November 3, 2022, a group of programmers filed a lawsuit against GitHub, Inc. and OpenAI, Inc. in the United States District Court for the Northern District of California. The plaintiffs allege that GitHub and OpenAI infringed their copyrights by using their code to train their Codex and Copilot AI coding tools.
The plaintiffs claim that they had licensed their code to GitHub under open source licenses that require attribution and require GitHub to obtain permission before using the code for commercial purposes. The plaintiffs allege that GitHub and OpenAI violated these licenses by using their code without permission and without attribution.
GitHub and OpenAI have denied the allegations in the lawsuit. The companies have argued that their use of the plaintiffs' code is a fair use because it is transformative. They also argue that the plaintiffs have not suffered any damages because their code is still available to the public.
The outcome of this case could have a significant impact on the development and use of large language models. If the court finds that GitHub and OpenAI's use of the plaintiffs' code is a copyright infringement, it could make it more difficult for AI developers to use copyrighted code to train their models. This could stifle innovation in the AI field.
On the other hand, if the court finds that GitHub and OpenAI's use of the plaintiffs' code is a fair use, it could pave the way for the wider use of copyrighted code to train large language models. This could lead to the development of new and innovative AI products and services.
The plaintiffs seek injunctive relief to stop GitHub and OpenAI from using their code, as well as damages for the profits that GitHub and OpenAI have made from using their code without permission.
Nature of the Action: This is a Class Action Lawsuit on the behalf of US Consumer Privacy and unauthorized data use. The plaintiffs are alleging that OpenAI misused their personal data from social media platforms and other sites to train its AI systems, including ChatGPT.
Claims: The primary claims in the lawsuit revolve around privacy infringements, violations of consumer rights, and the unauthorised use of personal information.
Relief Sought: The relief sought in the case includes an unspecified monetary amount for damages. Additionally, the plaintiffs are requesting that the court order the companies (OpenAI and potentially Microsoft) to implement safeguards to prevent the misuse of private data. The specific details of the relief sought may become clearer as the case progresses through the legal system.
In the matter herein, the complainant, Mark Walters, hitherto referred to as the “Plaintiff,” has instituted legal proceedings. The essence of the instant action lies in the Plaintiff’s assertion of the culpability of OpenAI LLC, hereinafter referred to as the “Defendant,” for libel.
This class-action lawsuit is similar to the Tremblay lawsuit and is filed on behalf of three authors; Sarah Silverman, Christopher Golden and Richard Kadrey.
This class-action lawsuit claims that OpenaAI infringed copyright by using the author’s books without permission to train ChatGPT, seeking injunctive relief and monetary damages.
The plaintiffs seek injunctive redress and pecuniary indemnities.
Plaintiff alleges infringement of privacy, unauthorized data use, and violation of federal and state privacy and property laws against defendant OpenAI LP.
This action arises from the unauthorized acquisition and utilization of private information by Defendant OpenAI LP, a prominent actor in the field of artificial intelligence, in relation to its generative AI programs ChatGPT and DALL-E. Plaintiff asserts that OpenAI has surreptitiously accessed private data from internet users, including minors, without appropriate consent and in breach of legal norms.
Plaintiff seeks injunctive relief, monetary damages, and other appropriate relief as determined by the court.
OpenAI is being sued based on some similar allegations:
These legal actions highlight the growing legal complexities surrounding AI-generated content and raises questions about the legal framework applicable to ChatGPT and emerging AI technologies. It could also be fined and also be required to change its data collection and use practices. It could also set a precedent for other lawsuits against AI companies. This could lead to stricter regulations on how AI companies collect and use data.
The plaintiffs are seeking injunctive relief, monetary damages and other appropriate remedies as determined by the Courts.
There are a few things that individuals can do to protect their privacy from AI companies such as:
Policymakers can take a number of steps to protect the public from AI companies such as:
The lawsuits invoke principles related to copyright las, privacy rights, defamation and potential violations of the Digital Millennium Copyright Act (DMCA)
AI-generated content raises complex questions about intellectual property ownership, privacy violations, liability for defamation, and the adaptability of existing legal frameworks to emerging AI technologies.
The Digital Millennium Copyright Act (DMCA) is a U.S copyright law that addresses issues related to digital content and copyright protection. In these lawsuits, the plaintiffs claim that OpenAI’s actions violate the DMCA by stripping copyrighted works of their copyright notices.
