OpenAI has filed a motion requesting a federal judge to dismiss certain aspects of The New York Times’ copyright lawsuit against it. The crux of OpenAI‘s argument revolves around allegations that The NYT engaged in deceptive practices, including potentially paying someone to manipulate OpenAI’s systems to generate misleading evidence for the case.
According to OpenAI’s filing in Manhattan federal court, The NYT allegedly induced its technology to reproduce copyrighted material through deceptive prompts that violated OpenAI’s terms of use. While OpenAI refrained from identifying the individual involved, it accused The NYT of effectively “hacking” its products to obtain evidence for the lawsuit without explicitly violating anti-hacking laws.
In response, The NYT’s attorney, Ian Crosby, dismissed OpenAI’s claims of hacking as an attempt to leverage its products to uncover evidence of copyright infringement. He argued that OpenAI’s accusations were unfounded and merely aimed at diverting attention from the core issues of the lawsuit.
The lawsuit, initiated by The NYT in December 2023, alleges that OpenAI and its main supporter, Microsoft, used millions of NYT articles without authorization to train chatbots and other AI systems. The NYT’s legal action invokes constitutional and statutory protections for its original journalism and raises concerns about Microsoft’s Bing AI creating verbatim excerpts from its content.
This lawsuit is part of a broader trend where copyright holders, including authors, visual artists, and music publishers, are suing tech firms over alleged misuse of their content in AI training. Tech firms like OpenAI argue that training advanced AI models without incorporating copyrighted material is practically impossible. However, courts have yet to conclusively determine whether AI training qualifies as fair use under copyright law, highlighting the complexity of this legal landscape.
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