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Mercury News and other papers sue Microsoft, OpenAI over the new artificial intelligence

Apr 30, 2024 - mercurynews.com
The Mercury News and seven other newspapers have filed a lawsuit against Microsoft and OpenAI, accusing them of illegally using millions of copyrighted articles to develop their AI products, including OpenAI’s ChatGPT and Microsoft’s Copilot. The lawsuit claims that the tech companies are undermining the newspapers' business models by repurposing their content without compensation, thereby threatening their ability to provide critical reporting.

In response to a similar lawsuit filed by the New York Times, Microsoft and OpenAI argued that their use of copyrighted content is lawful as it results in the creation of new and innovative products. The doctrine of "fair use" is central to these disputes, with the tech companies claiming that their use of copyrighted material for training AI enjoys the same protection. The newspapers, however, argue that the AI products reproduce portions of their articles verbatim, which they claim is not fair use. The lawsuit seeks unspecified damages, restitution of profits, and a court order to stop the alleged copyright infringement.

Key takeaways:

  • The Mercury News and seven other newspapers have sued Microsoft and OpenAI, alleging that the tech companies illegally used millions of copyrighted articles to develop their AI products.
  • The lawsuit claims that the actions of Microsoft and OpenAI undermine the business model for news, as they repurpose news content and deliver it to their users.
  • The lawsuit was filed in the Southern District of New York on behalf of several newspapers owned by MediaNews Group and Tribune Publishing.
  • The legal principle of 'fair use' is central to the dispute, with Microsoft and OpenAI arguing that their use of copyrighted material for training AI is protected under this doctrine.
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