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Nothing Transformative About OpenAI’s Copyright Abuses: NYT Suit

Dec 27, 2023 - pymnts.com
The New York Times (NYT) has filed a lawsuit against Microsoft and OpenAI, accusing them of violating copyright protections by using its content to build substitutive products without permission or payment. The NYT alleges that OpenAI, in particular, has built a multibillion-dollar business largely on the unlicensed use of copyrighted works. The lawsuit comes amid growing concerns about the applications of existing intellectual property and copyright laws in the face of sophisticated AI systems.

The lawsuit also highlights the issue of AI models like ChatGPT, which gain their knowledge by scraping the web and using automated software to download countless web pages. The NYT had reached out to Microsoft and OpenAI in April to raise intellectual property concerns and explore the possibility of a resolution, but no agreement was reached. The lawsuit does not make a specific monetary demand but emphasizes that Microsoft and OpenAI should be held responsible for billions of dollars in statutory and actual damages.

Key takeaways:

  • The New York Times (NYT) has sued Microsoft and OpenAI, accusing them of violating copyright protections by using its content to build substitutive products without permission or payment.
  • The lawsuit highlights the challenges posed by AI systems to existing intellectual property and copyright laws.
  • OpenAI and Microsoft have previously claimed their conduct is protected as 'fair use', but the NYT disputes this, stating that the use of copyrighted content to train AI models does not serve a new 'transformative' purpose.
  • The lawsuit does not make a specific monetary demand, but suggests that Microsoft and OpenAI should be held responsible for 'billions of dollars in statutory and actual damages'.
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