The case is currently in discovery, with both sides turning over documents and information that could serve as evidence. As part of this process, OpenAI was required to show the Times its training data, a first for the company. The Times has also requested Slack messages, text messages, and social media conversations between key OpenAI figures. Meanwhile, Microsoft has asked the Times to provide documents related to its own use of generative AI. The outcome of this case and others like it will set a significant precedent for the AI industry's operations in the United States.
Key takeaways:
- The New York Times is in a copyright lawsuit with OpenAI and Microsoft, alleging that the companies illegally used its articles to train artificial intelligence tools.
- OpenAI’s engineers are accused of inadvertently erasing data that the Times’ team spent over 150 hours extracting as potential evidence. Although much of the data was recovered, the original file names and folder structure are still missing.
- The Times has also recently pushed OpenAI and Microsoft to provide Slack messages, text messages, and social media conversations between key OpenAI figures, and has asked the court to compel the companies to share additional materials.
- As these cases progress, OpenAI is pursuing content licensing deals with other publishers, and the outcomes of these lawsuits will set a major precedent for how the AI industry can operate in the United States.