Harjaap Ahluwalia | Osgoode Hall Law School, CA, Jurist.org; News organizations sue OpenAI over copyright infringement claims
"The case centers on allegations that OpenAI unlawfully utilized copyrighted content from various publishers, including The New York Times, to train its generative AI models and the hearing could determine whether OpenAI will face trial.
The plaintiffs claim that ChatGPT’s ability to generate human-like responses stems from the unauthorized use of their work without permission or compensation to develop their large language models (LLMs). OpenAI and its financial backer Microsoft argue that its use of data is protected under the fair use doctrine, which allows limited use of copyrighted material without permission for purposes such as commentary, criticism or education.
Additionally, OpenAI’s legal team asserts that The New York Times has not demonstrated actual harm resulting from their practices and that its use of the copyrighted material is transformative as it does not replicate the content verbatim. On the other hand, the plaintiffs are arguing copyright infringement because OpenAI removed identifiable information such as author bylines and publication details when using the content. They also contend that the LLMs absorb and reproduce expressions from the training data without genuine understanding."
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