Close to a dozen copyright infringement cases were filed against various AI companies in 2023, but one particular lawsuit stands out for its potential wide-reaching implications.
The New York Times filed a copyright infringement case against privately held OpenAI and its partner/investor Microsoft Corp. in late December 2023. This lawsuit has the potential to set a precedent on how AI companies utilize copyrighted material. OpenAI, known for its ChatGPT-3.5 release in late 2022, has gained significant attention in the tech world for its generative AI technology. The New York Times alleges that OpenAI trained its large language models on content from a substantial portion of the internet, with the Times being a highly represented proprietary source.
The lawsuit argues that OpenAI’s GenAI tools can generate output that closely resembles Times content, both verbatim and in expressive style. The New York Times case is seen as having several advantages, with a strategic move of adding Microsoft as a defendant and a comprehensive identification of copyrighted material allegedly infringed.
OpenAI has not yet responded to the lawsuit but has expressed disagreement with the claims, stating that training large language models with publicly available internet materials is considered fair use. The company also provides an opt-out process for publishers, which the Times purportedly adopted in August 2023.
Legal experts note the thoroughness of the New York Times in identifying content used to train AI systems and providing examples of closely resembling output. The lawsuit stands out as the Times is willing to invest in legal proceedings without depending on potential rewards of legal fees or damages.
While journalists and content creators may hope for a favorable outcome, the legal landscape is complex. Similar cases, such as the one against Google Books in 2005, did not fare well in the courts. The outcome may hinge on how AI technology operates and whether it reproduces content almost verbatim.
OpenAI has stated it is in talks with other media organizations, including CNN, Fox, and Time, for licensing their content, even after discussions with the New York Times fell apart. The legal uncertainty surrounding the need for a license and OpenAI’s willingness to engage in licensing discussions add further complexity to the ongoing legal efforts.