OpenAI further argues that its use of third-party texts should fall under fair use, comparing it to how newspapers report on stories first reported by other journalists. This fair use defense has yet to be tested in court and will largely determine the future of OpenAI and other AI technologies. With the current motion to dismiss, OpenAI aims to limit the scope of the case, arguing that several of the copyright allegations are time-barred and that the DMCA claim, the misappropriation claim, and the contributory infringement claim either fail or fall short.
Key takeaways:
- OpenAI and Microsoft have responded to The New York Times' complaint, asking the federal court to dismiss several key claims, and alleging that the Times paid someone to hack OpenAI’s products.
- OpenAI believes that it took tens of thousands of attempts to get ChatGPT to produce the controversial output that’s the basis of this lawsuit, and that this is not how normal people interact with its service.
- OpenAI argues that its use of third-party texts should fall under fair use, and that this defense will in great part determine the future of OpenAI and other AI technologies going forward.
- OpenAI's motion to dismiss aims to limit the scope of the case, arguing that several of the copyright allegations are time-barred and that the DMCA claim, the misappropriation claim, and the contributory infringement claim either fail or fall short.