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OpenAI says New York Times infringement claims “without merit”

Jan 10, 2024 - globallegalpost.com
OpenAI, the creator of ChatGPT, has been sued by the New York Times (NYT) for copyright infringement, alleging that OpenAI and Microsoft used millions of copyrighted NYT articles to train their chatbots. OpenAI has responded by stating the lawsuit is without merit, arguing that training AI models using publicly available internet materials is fair use. The company also expressed disappointment at the lawsuit, stating that it had been in constructive discussions with the NYT, which had refused to share examples of alleged content regurgitation.

The lawsuit also implicates Microsoft, with the NYT claiming their businesses are deeply intertwined. The newspaper accuses the defendants of using Microsoft’s Bing search index to generate responses containing verbatim excerpts and detailed summaries of Times articles. The NYT is seeking damages and the destruction of all AI models and training sets incorporating its work. This lawsuit marks the first time a major US media organisation has sued OpenAI and Microsoft over copyright infringement.

Key takeaways:

  • The New York Times (NYT) has filed a lawsuit against OpenAI and Microsoft, accusing them of copyright infringement by using millions of NYT copyrighted articles to train automated chatbots.
  • OpenAI has responded to the lawsuit, stating it is "without merit" and that the company's use of publicly available internet materials for AI training is "fair use".
  • The NYT is seeking statutory damages, compensatory damages, restitution and disgorgement, and the destruction of all AI models and training sets that incorporate the NYT’s work.
  • The NYT joins a growing number of writers and performers, including Sarah Silverman, John Grisham and David Baldacci, who accuse OpenAI of infringing their copyright through the training of chatbots.
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