Lawsuit Against Microsoft for Mass-scale Plagiarism (Disguised as 'Innovation')
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NYT sues OpenAI, Microsoft for copyright infringement
The forthcoming legal battle could set a precedent for how courts define the value of news content in training large language models, and what the damages are for previous use.
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'New York Times' sues ChatGPT creator OpenAI, Microsoft, for copyright infringement
In August, NPR reported that lawyers for OpenAI and the Times were engaged in tense licensing negotiations that had turned acrimonious, with the Times threatening to take legal action to protect the unauthorized use of its stories, which were being used to generate ChatGPT answers in response to user questions.
And now, the newspaper has done just that.
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The New York Times sues OpenAI and Microsoft for copyright infringement
The complaint is the latest in a string of lawsuits that seek to limit the use of alleged scraping of wide swaths of content from across the internet — without compensation — to train so-called large language artificial intelligence models. Actors, writers, journalists and other creative types who post their works on the internet fear that AI will learn from their material and provide competitive chatbots and other sources of information without proper compensation.
But the Times’ suit is the first among major news publishers to take on OpenAI and Microsoft, the most recognizable AI brands. Microsoft (MSFT) has a seat on OpenAI’s board and a multi-billion-dollar investment in the company.
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The New York Times Company, Plaintiff, v. Microsoft Corporatin, OpenAI, INc, OpenAI LP, OpenAI, GP, OpenAI LLC [...] [PDF]
Defendants’ unlawful use of The Times’s work to create artificial intelligence products that compete with it threatens The Times’s ability to provide that service. Defendants’ generative artificial intelligence (“GenAI”) tools rely on large-language models (“LLMs”) that were built by copying and using millions of The Times’s copyrighted news articles, in-depth investigations, opinion pieces, reviews, how-to guides, and more. While Defendants engaged in widescale copying from many sources, they gave Times content particular emphasis when building their LLMs—revealing a preference that recognizes the value of those works. Through Microsoft’s Bing Chat (recently rebranded as “Copilot”) and OpenAI’s ChatGPT, Defendants seek to free-ride on The Times’s massive investment in its journalism by using it to build substitutive products without permission or payment.
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New York Times sues OpenAI, Microsoft over 'millions of articles' used to train ChatGPT
The complaint calls out Microsoft, not just for the investment it has made in OpenAI, but also for assistants such as Microsoft 365 Copilot and Bing Chat which the complaint alleges: "Display Times content in generative output in at least two ways: (1) by showing 'memorized' copies or derivatives of Times works retrieved from the models themselves, and (2) by showing synthetic search results that are substantially similar to Times works generated from copies stored in Bing’s search index."
The newspaper is pretty upset that "millions" of its copyrighted articles were harvested to form a chunk of Microsoft and OpenAI's models without permission, and that these neural networks will regurgitate that work on demand for users, again without permission.
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The Times Sues OpenAI and Microsoft Over A.I. Use of Copyrighted Work
The Times is the first major American media organization to sue the companies, the creators of ChatGPT and other popular A.I. platforms, over copyright issues associated with its written works. The lawsuit, filed in Federal District Court in Manhattan, contends that millions of articles published by The Times were used to train automated chatbots that now compete with the news outlet as a source of reliable information.
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New York Times sues OpenAI, Microsoft for copyright infringement
The Times is not seeking a specific amount of damages, but said it believes OpenAI and Microsoft have caused "billions of dollars" in damages for illegally copying and using its works.
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New York Times sues OpenAI, Microsoft for copyright infringement
"Defendants seek to free-ride on the Times's massive investment in its journalism by using it to build substitutive products without permission or payment," according to the complaint filed Wednesday in Manhattan Federal Court.
"There is nothing 'transformative' about using the Times's content without payment to create products that substitute for the Times and steal audiences away from it."
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New York Times Sues Microsoft and OpenAI Over Use of Content
The newspaper claimed the tech companies used its content without permission to develop their artificial intelligence products, The Wall Street Journal (WSJ) reported Wednesday (Dec. 27).