The New York Times Files Lawsuit Against OpenAI and Microsoft for Copyright Violation
The New York Times sues OpenAI and Microsoft for copyright infringement, claiming that their AI technology unlawfully used millions of Times articles to train ChatGPT and other services, creating competition with the Times
The New York Times has filed a lawsuit against OpenAI and Microsoft, alleging that their artificial intelligence technology unlawfully copied millions of Times articles to train ChatGPT and other services, creating competition for the Times. This complaint is part of a series of lawsuits aiming to restrict the unauthorized scraping of online content to train large language AI models without compensation. This has raised concerns among internet content creators about AI learning from their work to provide competitive chatbots and other information sources without fair compensation.
The Times' lawsuit is the first of its kind among major news publishers to challenge OpenAI and Microsoft, two of the most well-known AI brands. In the complaint filed on Wednesday, The Times alleged that the "unlawful use of its work by Microsoft and OpenAI to develop artificial intelligence products poses a threat to the newspaper's ability to provide its services." The complaint highlighted that although other sources were used in the "widescale copying" by OpenAI and Microsoft, The Times' content was given particular emphasis, allowing them to "free-ride" on the newspaper's extensive investment in journalism without permission or compensation.
Microsoft and OpenAI did not immediately respond to a request for comment on the lawsuit.
A laptop screen is seen with the OpenAI ChatGPT website active in this photo illustration on 02 August, 2023 in Warsaw, Poland. (Photo by Jaap Arriens/NurPhoto via AP)
Jaap Arriens/NurPhoto/AP
Disney, The New York Times, and CNN, along with several other major media companies, have restricted access to ChatGPT as they engage in a standoff with artificial intelligence.
In its complaint, The Times revealed its objection to the use of its work to train large language models by the companies several months ago. As of April, The Times has been in negotiations with OpenAI and Microsoft to ensure fair compensation and establish the terms of an agreement.
The Times claims that despite their efforts, they have not been able to come to a resolution with Microsoft and OpenAI. According to the complaint, both companies argue that their use of The Times' work falls under "fair use" and is transformative. The Times, however, argues that using their content without payment to create products that rival and divert audiences from The Times is not transformative, and therefore not fair use. They state that the outputs of Defendants GenAI models compete with and mimic the inputs used to train them, making the copying of The Times' works for this purpose unfair.
Several top newsrooms, including The Times and CNN, have implemented code on their websites to prevent OpenAI's GPTBot from scanning their content. The Times alleges that the AI tools have been trained on its content and can produce output that either directly quotes or closely mimics its content, as well as wrongly attribute false information to the publication.
The news outlet has also claimed that Microsoft's Bing search engine, which was recently enhanced with OpenAI's technology, "replicates and organizes" content from The Times to generate more comprehensive and detailed results compared to conventional search engines.
The complaint asserts, "By presenting content from The Times without authorization or permission, the defendants’ tools diminish and harm The Times' connection with its audience and deprive The Times of revenue from subscriptions, licensing, advertising, and affiliates."
In a memo to staff on Wednesday, Diane Brayton, the Executive Vice President and General Counsel of The New York Times, emphasized the potential of generative AI for the public and journalism. She also stated that while they recognize its potential, they believe that the success of GenAI and the companies behind it should not come at the expense of journalistic institutions. Brayton stressed the importance of obtaining permission and reaching an agreement that reflects the fair value of their work, as provided by law, when using their work to create GenAI tools. This memo was obtained by CNN.
The Times has filed a lawsuit seeking unspecified monetary damages and a permanent injunction to prevent Microsoft and OpenAI from further alleged infringement. The publication also seeks the "destruction" of GPT and any other AI models or training sets that use its journalism.
