May 17, 2024

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In what may be a landmark case, the New York Times has sued Open AI and Microsoft for copyright infringement, saying the publication’s content is being by the platform to feed automated chatbots, constituting “unlawful copying and use of The Times’s uniquely valuable works.”

It’s the first time a major media organization has sued an AI platforms although there are a handful of pending cases brought by IP owners from Sarah Silverman to John Grisham to Getty Images.

The suit says Open AI should be responsible for “billions of dollars in statutory and actual damages” chatbot and training models that use copyrighted material from The Times should be destroyed.

Generative AI, a surging and well-funded field led by Microsoft’s Open AI  trains chatbots on large data sets. The suit says the platform uses “The Times’s content without payment to create products that substitute for The Times and steal audiences away from it.”

The Authors Guild, John Grisham, George R.R. Martin, Michael Connelly, Jodi Picoult and a group of other famous fiction writers filed a class action lawsuit against OpenAI, claiming that their technology is infringing on their works.

Pulitzer Prize-winner Michael Chabon and Tony-winning playwright David Henry Hwang are among another group of writers that filed a class action lawsuit against Meta in federal court for having “copied and ingested” their works to train its LLaMA AI platform.

At issue that case is training data for AI software programs that are designed to produce convincingly natural text in response user prompts. They are trained, the suit says, “by copying massive amounts of text and extracting expressive information from it. The body of text is referred to as the training dataset,” said that suit. The Plaintiffs have copyrights for their books and written works “and never consented to their use as training materials for LLaMA” — the AI platform of Facebook parent Meta. 

In July, Sarah Silverman and two other authors sued OpenAI and Meta for copyright infringement.

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