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The New York Times sues OpenAI and Microsoft for billions in AI copyright case

OpenAI and Microsoft face $Billions copyright suit from NYT over AI content theft

By
Shubham Sawarkar
Shubham Sawarkar's avatar
ByShubham Sawarkar
Editor-in-Chief
Shubham Sawarkar is a technology journalist at GadgetBond, covering Apple, AI, consumer technology, software, gadgets, and product launches. His work explores emerging technologies, industry developments, product...
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Dec 27, 2023, 11:29 AM EST
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The New York Times sues OpenAI and Microsoft for billions in AI copyright case
Photo: Sasha Maslov for The New York Times
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In a blockbuster lawsuit filed this week, The New York Times fired a major shot across the bow of Big Tech, aiming at two of Silicon Valley’s biggest players: OpenAI and Microsoft. The Gray Lady accused the tech giants of illegally copying and using its content to train their artificial intelligence systems, amounting to copyright infringement on an unprecedented scale.

Specifically, the Times alleges that OpenAI’s ChatGPT conversational agent and Microsoft’s Copilot programming assistant have scraped millions of articles from the publication without permission, using excerpts from this journalistic work to “teach” their AI systems. Once trained on this data, the Times claims, these systems “can generate output that recites Times content verbatim, closely summarizes it, and mimics its expressive style” — essentially regurgitating the newspaper’s articles and masquerading as legitimate journalism.

By free-riding on the Times’ high-quality reporting, the lawsuit argues, OpenAI and Microsoft have built AI products that directly compete with the newspaper’s offerings. Readers looking for news may simply get it straight from these AI agents now, rather than subscribing to the Times itself. This diverts crucial revenue streams, depriving the publication of subscription, advertising and affiliate dollars.

More broadly, the Times warns that its ability to produce top-tier journalism is threatened by this AI incursion. If tech companies can endlessly replicate Times stories without paying for them, the financial viability of field reporting and investigative work diminishes. The numbers simply may not pan out if Big Tech siphons away readers and refuses to kick back ad money. This hits smaller outlets even harder, potentially dealing body blows to local newsrooms across America already existing on razor thin margins.

While the Times attempted negotiations for months, it accuses OpenAI and Microsoft of refusing to properly value or compensate it for the foundational AI training data derived from decades of award-winning journalism.

With billions in damages now on the line, the iconic newspaper is digging in for a legal war. It wants injunctive relief immediately, both preventing further copying of its articles and forcing the purging of Times content from existing AI model databases.

The ramifications of this unprecedented suit could fundamentally reshape Big Tech’s ability to commercialize AI systems trained on copyrighted data like news reports. Legal experts say the Times complaint is meticulously argued, with a credible theory of damages. Other major outlets are likely watching closely, poised to follow the Times’ lead if this new front in the battle for fair digital compensation gains traction. For an industry long struggling to benefit financially from the information age, making tech giants pay for journalism’s outsized role in advancing game-changing inventions like natural language processing is a galvanizing proposition.

With truth and facts under siege globally, the Times argues its voice is essential. If quality journalism crumbles due to AI incursion, more than shareholders lose out – society does, too. Powerful tech companies long used to get their way now confront the newspaper that has taken on everyone from presidents to despots over 170 years. The Gray Lady’s message comes through loud and clear: we will not go gently into that good night. Our mission is too vital to sacrifice without a fight.

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