Re:Fighting the New York Times' invasion of user privacy
by rpdillon on Thursday November 13, 2025 @09:05AM
(#45915012)
Very much appreciate the clarification and nuance here. I understand that legally they don't have to provide any of this detail, but I'm also somewhat astonished that there doesn't appear to be any evidence that they've been harmed in any way other than them claiming that they are.
Re:Fighting the New York Times' invasion of user privacy
by otterley on Thursday November 13, 2025 @10:26AM
(#45915990)
It’s because 1/the damages aren’t clearly articulable and would be speculative at the time of filing, and 2/they don’t have to claim the specific nature of the injury at this point in the case.
This is boilerplate language in a claim seeking injunctive relief. In contract law in law school, you learn there's a historical difference between cases at law (where the only remedy is money) and cases in equity (where the court can issue injunctions). If you want to stop someone from violating your rights, you claim "irreparable injury" (that is, money isn't enough) and ask for the court in equity to issue an injunction.
> It _claims_ harm, but doesn't actually explain what the harm is. Reduced profits? Lower readership? All they say is "OpenAI violated our copyrights, and we deserve money."
Copyright violation, in and of itself, constitutes a judicially cognizable injury. It's a violation of a type of property right - that is, the right to exclude others from using your artistic works without your permission. The Copyright Act specifies that victims of copyright infringement are not only entitled to an injunction, but also to statutory damages as well as compensatory damages to be determined by a jury. See 17 U.S.C. § 504.
Similarly, you don't have to claim a specific injury in a garden-variety trespass action. The violation of your property rights is enough.