Filing Identity & Statutory Claims
SDNY Active ConsolidationPrimary Legal Counts & Causes of Action
17 U.S.C. § 501 Direct Infringement
High Exposure
Unauthorized ingestion and storage of full articles in massive corpus pre-training without publisher licensing.
17 U.S.C. § 1202(b) DMCA CMI Stripping
Pleading Hurdle
Removal of author bylines, copyright notices, and terms of use from training data during tokenization.
Contributory & Vicarious Infringement
Active Claim
Copilot and ChatGPT enterprise tools facilitating end-user bypass of paywalls and direct text regurgitation.
Common Law Unfair Competition
Preemption Risk
Commercial misappropriation under NY common law; frequently targeted by defendants under § 301 preemption.
Evidentiary Ingestion & Synthesis Tier
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17 U.S.C. § 107 Fair Use Risk Engine
Judicial Risk: HighPlaintiff Infringement Exposure Probability
72%
Favors Plaintiffs: Transformative threshold weakened by direct market competition.