The New York Times' lawsuit alleges that Microsoft and OpenAI's AI products use LLMs built by copying and using millions of the newspaper's copyrighted articles. Microsoft has filed a partial motion to dismiss the lawsuit, specifically the claims for contributory copyright infringement that allege Microsoft and OpenAI are liable for users' infringement. The company plans to fight the direct and vicarious infringement claims later in the litigation with a fair-use defense.
Key takeaways:
- Microsoft has urged a federal court to dismiss part of The New York Times' copyright lawsuit against itself and OpenAI, comparing the lawsuit to the movie industry's attempts to stop the VCR in the 1980s.
- The tech giant argues that the newspaper company's arguments are similar to those rejected by the US Supreme Court in the 1984 case, Sony Corporation of America v. Universal City Studios.
- The New York Times has accused Microsoft and OpenAI of using its copyrighted news articles, investigations, opinion pieces, reviews, and guides to build their AI products without permission or payment.
- While Microsoft has filed a partial motion to dismiss the lawsuit, it has not asked the court to dismiss the direct and vicarious infringement claims, stating it will fight them later on in litigation with a fair-use defense.