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The New York Times Launches a Very Strong Case Against Microsoft and OpenAI

Jan 07, 2024 - katedowninglaw.com
The New York Times Company has filed a complaint against Microsoft and OpenAI for copyright infringement, alleging that the tech companies used The Times' content to train their large language models (LLMs) without permission. The complaint also accuses the defendants of vicarious and contributory copyright infringement, DMCA Section 1202 violations, unfair competition by misappropriation, and trademark dilution. The Times argues that its content was extremely valuable for training the AIs and that the tech companies have launched news-specific services that use both archived and new articles from The Times.

The case is significant as it is one of the strongest AI-related complaints to date and could potentially lead to federal legislation. The Times' complaint also highlights the value of journalism and the challenges it faces in the digital age. If Microsoft and OpenAI do not reach a settlement with The Times, the case is expected to become a major legal event in the coming years, possibly influencing public and political sentiment against big tech companies.

Key takeaways:

  • The New York Times has filed a complaint against Microsoft and OpenAI for copyright infringement, alleging misuse of The Times' content for training and running their AI models.
  • The complaint includes clear-cut examples of the AI models reproducing The Times' content nearly verbatim, and argues that The Times' content was extremely valuable for training the AIs.
  • The case also targets the defendants for their AIs' 'hallucinations', or false information, which could potentially lead to liability for trademark dilution, libel, or privacy-related claims.
  • This case is expected to be a significant one in the coming years, embodying strong legal arguments related to copyright and potentially influencing public and political sentiment against big tech.
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