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Microsoft invokes VCRs in motion to dismiss The New York Times’s AI lawsuit

Mar 06, 2024 - theverge.com
Microsoft is seeking to dismiss three claims in a copyright infringement lawsuit filed by The New York Times, which alleges that Microsoft copied its stories and used the data to mimic its style. Microsoft's lawyers argue that OpenAI's large language models, which Microsoft used, are just the latest in a line of technologies that are legal despite their potential for copyright abuse, comparing them to technologies like the VCR, copy machine, and internet. Microsoft also disputes the Times' claim that it induced users' copyright infringement by offering products using OpenAI’s GPT model, and denies violating the Digital Millennium Copyright Act by removing copyright management information from its training data.

OpenAI, also sued by the Times, has filed its own motion to dismiss, claiming that the Times "tricked" its ChatGPT into directly reproducing copyrighted material. The outcome of these lawsuits could potentially redefine how generative AI continues to grow as an industry.

Key takeaways:

  • Microsoft is using the VCR as a legal precedent in its defense against a copyright infringement lawsuit filed by The New York Times, arguing that large language models are just another technology that can be used legally despite potential for copyright abuse.
  • The New York Times has accused Microsoft of copying its stories and using that data to mimic its style, but Microsoft argues that the Times has not provided an example of direct infringement by a Copilot user.
  • Microsoft also disputes the Times' claim that it knowingly induced users' copyright infringement by offering products using OpenAI's GPT model, and that it violated the DMCA by deliberately removing copyright management information from its training data.
  • OpenAI has also filed a motion to dismiss, claiming that the Times 'tricked' ChatGPT into directly reproducing copyrighted material from the publication.
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