The New York Times has initiated legal action against OpenAI and Microsoft, asserting copyright infringement over the alleged illicit use of millions of Times articles in training AI models, including ChatGPT. The lawsuit claims that this AI technology competes with the Times, posing a threat to its ability to deliver services. OpenAI responded by expressing surprise and disappointment, citing ongoing constructive conversations with the Times. This lawsuit is part of a broader trend where content creators aim to restrict the use of their material in training large language AI models without proper compensation.

In a complaint filed on Wednesday, the Times contends that Microsoft and OpenAI’s “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.” The paper alleges that OpenAI and Microsoft gave particular emphasis to Times content in their “widescale copying,” utilizing it to build substitutive products without permission or payment.

“We respect the rights of content creators and owners and are committed to working with them to ensure they benefit from AI technology and new revenue models,” stated OpenAI in response. “Our ongoing conversations with the New York Times have been productive and moving forward constructively, so we are surprised and disappointed with this development. We’re hopeful that we will find a mutually beneficial way to work together, as we are doing with many other publishers.”

In its lawsuit, the Times claims that datasets used to train the latest OpenAI large language models likely included millions of Times-owned works. The complaint states that these AI tools can “generate output that recites Times content verbatim, closely summarizes it, and mimics its expressive style.” Furthermore, the Times alleges that the AI tools wrongly attribute false information to the publication.

The Times is seeking billions of dollars in damages, with the lawsuit not specifying the compensation demanded for the alleged infringement. It also seeks a permanent injunction preventing Microsoft and OpenAI from continuing the purported infringement and the “destruction” of GPT and any other AI models or training datasets incorporating its journalism.

This legal move by the Times underscores concerns about fair compensation for content used in AI training, aligning with similar lawsuits by other creatives. The outcome may influence future regulations and legal standards in the evolving landscape of AI and copyright law.

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