Tag: Motion to Dismiss

Artificial Intelligence firm OpenAI has filed a Motion to Dismiss the defamation suit filed against it by talk show host Mark Walters, who hosts radio programs produced by his CCW Broadcast Media company. TALKERS reported the suit by Walters back on June 9 in which Walters claims the use of OpenAI’s ChatGPT by journalist Fred Riehl that created content stating the Walters was accused of embezzling funds from the Second Amendment Foundation defamed him. No such accusation ever actually took place. In its Motion to Dismiss, Open AI argues several points, including that Georgia is not the proper jurisdiction, but it summarizes its argument that Walters’ claims don’t meet the burden of defamation when it says, “Even more fundamentally, Riehl’s use of ChatGPT did not cause a ‘publication’ of the outputs. OpenAI’s Terms of Use make clear that ChatGPT is a tool that assists the user in the writing or creation of draft content and that the user owns the content they generate with ChatGPT. Riehl agreed to abide by these Terms of Use, including the requirement that users ‘verify’ and ‘take ultimate responsibility for the content being published.’ As a matter of law, this creation of draft content for the user’s internal benefit is not ‘publication.’”