OpenAI and Microsoft counter that their use of copyrighted material falls under the fair use doctrine, which allows for the use of copyrighted content in a transformative way that doesn't harm the original work. They argue that their models do not store copyrighted content but rely on data weights from the training process. The defense also challenges the Times' claims of harm and misleading examples, asserting that the plaintiffs have not proven any economic loss or willful infringement. The outcome of this case could have significant implications for the legality of using copyrighted work in training generative AI models. The decision on whether the case will proceed is pending, with Judge Sidney Stein showing a keen interest in the case.
Key takeaways:
- The New York Times and other publishers are suing OpenAI and Microsoft for using their content to train AI models, claiming it harms their business by reducing site traffic and revenue.
- OpenAI and Microsoft argue their use of copyrighted material is protected under the fair use doctrine, as it transforms the content for new purposes without directly competing with the original work.
- The case raises significant questions about the legality of using copyrighted content to train AI models, with potential implications for the entire digital media ecosystem.
- Judge Sidney Stein has not yet decided whether to dismiss the case, indicating a thorough examination of the issues at hand.