“Microsoft fared a tad better in getting the dismissal of all DMCA 1202(b)(1) claims against it, whereas OpenAI succeeded only in getting the New York Times’ 1202(b)(1) claim, but not the claims of the Center for Investigative Reporting or the Daily News.”
Judge Stein refused to throw out the core infringement claims that newspapers and book authors brought against OpenAI and Microsoft. Some DMCA claims fell. He now runs all the consolidated cases. The fair use fight is still ahead.