Ziff Davis Sues OpenAI for Copyright Infringement Over Gaming Content

Digital publisher Ziff Davis has filed a lawsuit against OpenAI, claiming the AI company has infringed on its copyrights by using content from its gaming websites without permission.

The lawsuit, filed in Delaware on Thursday, accuses OpenAI of "intentionally and relentlessly" reproducing content from Ziff Davis publications to train its ChatGPT models.

Ziff Davis owns several popular gaming websites, including IGN, Eurogamer, GamesIndustry.biz, Digital Foundry, Rock Paper Shotgun, VG247, and Hookshot. According to the New York Times, Ziff Davis is seeking damages of "at least hundreds of millions of dollars" in the lawsuit.

The lawsuit argues this practice not only infringes on copyrights but also dilutes Ziff Davis trademarks.

In response to the lawsuit, an OpenAI spokesperson told The Verge that the company's use of copyrighted material is protected under "fair use" principles. "ChatGPT helps enhance human creativity, advance scientific research, and enable hundreds of millions of people to improve their daily lives," the spokesperson stated.

As noted by VGC, this legal action follows similar lawsuits against OpenAI from other publishers like the New York Times and content creators like comedian Sarah Silverman and other writers, including John Grisham, George R. R. Martin, and Jonathan Franzen.

As reported by Game File, the lawsuit raises important questions about how AI chatbots source information and whether they properly credit original publishers.

The lawsuit documents includes specific examples of alleged infringement. In one instance, Ziff Davis claims ChatGPT reproduced a November 2024 Eurogamer tips article about the game "Dragon Age: The Veilguard" word for word. The publisher also alleges that ChatGPT sometimes provides incorrect information while citing their publications.

Another significant instance is when ChatGPT mistakenly stated that there were no free-money cheat codes for Red Dead Redemption 2. However, Eurogamer had previously published an article with a detailed list that includes an "add $500" cheat.

In certain cases, ChatGPT initially shared this information without referencing any sources. It only disclosed that it was sourcing information from various gaming sites, such as Eurogamer, GamesRadar, VG247, and others, when specifically requested.

Meanwhile, not all media companies are taking legal action against OpenAI. Some, like Future Publishing (which owns Edge, PC Gamer, and GamesRadar), have chosen to form partnerships with the AI company instead. In December, Future announced a deal to bring content from its 200+ media brands to ChatGPT, with attribution and links to original articles.

The case highlights growing concerns about AI's impact on journalism, particularly for game media outlets that rely heavily on service content like guides and tips. If AI chatbots can provide game information without properly crediting or compensating the original publishers, it could threaten the business model of many gaming websites.

Microsoft has also announced plans to use AI to help gamers through a "Copilot for Gaming" feature, raising similar questions about sourcing information and crediting original content creators.