With the important caveat that a final decision is not due until 11 December, German collecting society GEMA appears to be in a strong position in its lawsuit against OpenAI alleging song-lyrics infringement. That’s according to AI Fray’s report on the initial court hearing in the case. “The presiding judge left no doubt in her introductory outline of the issues in the case that the panel deems OpenAI liable for copyright infringement,” it explained. “She noted that the facts (which OpenAI addressed in apparently voluminous pleadings) were actually ‘not complicated’ given that OpenAI does not dispute the use of the copyrighted works at issue in the training of its ChatGPT model. The judges are furthermore unpersuaded that users, not OpenAI, bear the responsibility for ChatGPT’s outputs.”The report suggested that this initial outline suggests that “a license deal may be the only realistic option” for OpenAI to avoid shutting ChatGPT down in Germany.