> Arguing that OpenAI caused economic injury by unfairly repurposing authors' works, even if authors could show evidence of a DMCA violation, authors could only

> Arguing that OpenAI caused economic injury by unfairly repurposing authors' works, even if authors could show evidence of a DMCA violation, authors could only speculate about what injury was caused That's an interesting angle I hadn't seen coming, but it makes sense: the system isn't reliable enough to output a book proper, so you'd never use it to read a book (can't ask it to output lord of the rings page 47 ... yet), and summaries were always okay to post as far as I know So if I post excerpts of books that neither I nor the querier has a license for when they guess/engineer a search query, even if that (with lots of effort) can amount to the whole book, that's apparently not causing any economic injury to the author. It's not ruled to not be copyright infringement yet, so maybe you can force removal from the market but you can't be awarded damages as I understand it? Separately, I'm a bit surprised the authors haven't done much in the way of discovery and just alleged baselsssly that OpenAI's training process removed copyright notices. The judge says it's unsubstantiated and there's even counter-evidence. Wouldn't it be a simple matter to subpoena a list of works/sources that were used and under which license? That would also be interesting to learn for others working in the field