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OpenAI accidentally deleted potential evidence in NY Times copyright lawsuit | TechCrunch

Nov 21, 2024 - techcrunch.com
The New York Times and Daily News are suing OpenAI for allegedly using their content without permission to train its AI models. Lawyers for the publishers claim that OpenAI engineers accidentally deleted data relevant to the case, which was being stored on virtual machines provided by OpenAI for the publishers to search for copyrighted content. Despite attempts to recover the data, the file structure and names were lost, making it impossible to determine where the publishers' articles were used in OpenAI's models.

OpenAI has argued that using publicly available data, including articles from The Times and Daily News, is fair use. However, the incident has led the plaintiffs to argue that OpenAI is best placed to search its own datasets for potentially infringing content. OpenAI has recently signed licensing deals with several publishers, including The Associated Press and Business Insider, but the terms of these deals have not been made public.

Key takeaways:

  • The New York Times and Daily News are suing OpenAI for allegedly using their content to train its AI models without permission.
  • OpenAI engineers accidentally deleted data that could have been relevant to the case, causing the publishers to recreate their work from scratch.
  • Despite the deletion being unintentional, the plaintiffs argue that this incident highlights that OpenAI should search its own datasets for potentially infringing content.
  • OpenAI maintains that training models using publicly available data, including articles from The Times and Daily News, is fair use and it isn't required to license or pay for the examples.
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