### Landmark Decision: First AI Libel Case Proceeds in Court

Georgia Gwinnett County Superior Court Judge Tracie Cason’s recent ruling in Walters v. OpenAI, LLC indicates a denial of OpenAI’s motion to dismiss, a common practice in many state courts without providing an elaborate explanation. Walters’ response to OpenAI’s motion includes detailed assertions that were presumably influential in the judge’s decision:

• Fred Riehl, a journalist working for a media outlet and a ChatGPT subscriber, engaged with ChatGPT on May 4, 2023, regarding a lawsuit he was covering.
• The lawsuit, titled The Second Amendment Foundation v. Robert Ferguson, is in the federal court in the Western District of Washington, involving Robert Ferguson, the Washington Attorney General, and Joshua Studor, the Washington Assistant Attorney General as defendants.
• ChatGPT inaccurately stated that Walters, a Georgia resident, served as the Treasurer and Chief Financial Officer of the Second Amendment Foundation (SAF) since 2012, misappropriating funds and manipulating financial records. These claims are refuted as false by Walters.
• Walters was not involved in the lawsuit, did not hold the mentioned positions, and was not accused of the alleged financial misconduct.
• SAF’s officer and director lists and audited financial statements do not support the accusations made by ChatGPT.
• Riehl’s efforts to verify the accuracy of ChatGPT’s statements with SAF and subsequent confirmation of their falsity by Alan Gottlieb are highlighted.
• The response challenges the defamatory nature of the statements, the concept of publication, Walters’ public figure status, the presence of actual malice, and the issue of personal jurisdiction over OAI.

The response emphasizes the need for further exploration of these matters through discovery, indicating unresolved disputes that warrant legal examination.