The odds of Sarah Silverman and her two fellow plaintiffs winning their copyright infringement lawsuit against OpenAI are high according to legal experts.

Silverman and two novelists, Christopher Golden and Richard Kadrey, are suing OpenAI for copyright infringement, asserting that the tech company used their copyrighted books’ contents for AI training without getting their consent or compensating them.

This is one of the first major high-profile cases to directly address the question of whether AI companies are free to train their systems and language models with whatever data they want or if stricter policies that favor copyright holders should be in place.

“I think the suit is weak, but the devil is in the details,” said Hunter Shkolnik, founding partner at Napoli Shkolnik. “The chilling effect this may have on the use of publicly available material and knowledge is staggering if she wins on all the broad claims she is making.”

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