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OpenAI Hits Back At New York Times Lawsuit

ChatGPT developer OpenAI says The New York Times lawsuit against it is “without merit” and the paper is not telling the full story.

In December, The New York Times launched legal action against Generative AI developers OpenAI and Microsoft for copyright infringement. The lawsuit said millions of articles published by the paper were used to train automated chatbots that now compete with the news outlet as a source of reliable information.

“The defendants should be held responsible for ‘billions of dollars in statutory and actual damages’ related to the ‘unlawful copying and use of The Times’s uniquely valuable works'”, The New York Times said. The lawsuit also called for the companies to destroy any chatbot models and training data that use copyrighted material from The Times.

OpenAI reportedly has not yet filed a court response to lawsuit, but it has posted an extensive blog attacking it.

OpenAI says The New York Times is not telling the full story about what was “progressively constructive” negotiations with the paper that took place up until mid December last year.

“We had explained to The New York Times that, like any single source, their content didn’t meaningfully contribute to the training of our existing models and also wouldn’t be sufficiently impactful for future training.

“Their lawsuit on December 27—which we learned about by reading The New York Times—came as a surprise and disappointment to us.

The New York Times

The New York Times

“Along the way, they had mentioned seeing some regurgitation of their content but repeatedly refused to share any examples, despite our commitment to investigate and fix any issues.

“We’ve demonstrated how seriously we treat this as a priority, such as in July when we took down a ChatGPT feature immediately after we learned it could reproduce real-time content in unintended ways.

“Interestingly, the regurgitations The New York Times induced appear to be from years-old articles that have proliferated on multiple third-party websites.

“It seems they intentionally manipulated prompts, often including lengthy excerpts of articles, in order to get our model to regurgitate.”

OpenAI said the principle that training AI models is permitted under US is supported by long-standing and widely accepted precedents. “We view this principle as fair to creators, necessary for innovators, and critical for US competitiveness.”

“The principle that training AI models is permitted as a fair use is supported by a wide range of academics, library associations, civil society groups, start ups, leading US companies, creators, authors, and others that recently submitted comments to the US Copyright Office.

“Other regions and countries, including the European Union, Japan, Singapore, and Israel also have laws that permit training models on copyrighted content — an advantage for AI innovation, advancement, and investment.

“That being said, legal right is less important to us than being good citizens. We have led the AI industry in providing a simple opt-out process for publishers (which The New York Times adopted in August 2023) to prevent our tools from accessing their sites.”



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