In response, OpenAI has filed a motion to compel the Times to cooperate, arguing that the requested information will help determine what parts of the articles are original and worthy of copyright protection. The Times has countered that its articles are copyrightable regardless of whether they include third-party material, and that the expressive nature of a work is determined by the work itself, not its underlying notes or sources. The newspaper also suggested that OpenAI's request could have a chilling effect on journalistic outfits' ability or willingness to bring copyright lawsuits against potential infringers.
Key takeaways:
- OpenAI and Microsoft are facing a lawsuit from the New York Times and other rightsholders over the alleged use of their copyrighted works to train AI models without proper compensation.
- OpenAI has requested evidence from the New York Times to support or refute the copyright infringement claims, including documents identifying the original, expressive, and human-authored content of the Times' works.
- The New York Times has refused to share this information, citing it as overbroad, burdensome, and protected by reporter’s privilege.
- OpenAI has filed a motion to compel the Times to cooperate, arguing that the requested information will help determine what parts of the articles are original and worthy of copyright protection.