Microsoft boss urges rethink of copyright laws for AI; The Times, October 21, 2024

Katie Prescott, The Times; Microsoft boss urges rethink of copyright laws for AI

"The boss of Microsoft has called for a rethink of copyright laws so that tech giants are able to train artificial intelligence models without risk of infringing intellectual property rights.

Satya Nadella, chief executive of the technology multinational, praised Japan’s more flexible copyright laws and said that governments need to develop a new legal framework to define “fair use” of material, which allows people in certain situations to use intellectual property without permission.

Nadella, 57, said governments needed to iron out the rules. “What are the bounds for copyright, which obviously have to be protected? What’s fair use?” he said. “For any society to move forward, you need to know what is fair use.”"

OpenAI Faces Early Appeal in First AI Copyright Suit From Coders; Bloomberg Law, September 30, 2024

 Isaiah Poritz , Bloomberg Law; OpenAI Faces Early Appeal in First AI Copyright Suit From Coders

"OpenAI Inc. and Microsoft Corp.‘s GitHub will head to the country’s largest federal appeals court to resolve their first copyright lawsuit from open-source programmers who claim the companies’ AI coding tool Copilot violates a decades-old digital copyright law.

Judge Jon S. Tigar granted the programmers’ request for a mid-case turn to the US Court of Appeals for the Ninth Circuit, which must determine whether OpenAI’s copying of open-source code to train its AI model without proper attribution to the programmers could be a violation of the Digital Millennium Copyright Act...

The programmers argued that Copilot fails to include authorship and licensing terms when it outputs code. Unlike other lawsuits against AI companies, the programmers didn’t allege that OpenAI and GitHub engaged in copyright infringement, which is different from a DMCA violation."

OpenAI, Microsoft, Amazon among first AI Pact signatories; Euronews, September 25, 2024

 Cynthia Kroet, Euronews; OpenAI, Microsoft, Amazon among first AI Pact signatories

"OpenAI, Microsoft and Amazon are among 100 companies who are the first to sign up to a voluntary alliance aiming to help usher in new AI legislation, the European Commission said today (25 September)...

The Commission previously said that some 700 companies have shown interest in joining the Pact – which involves voluntary preparatory commitments to help businesses get ready for the incoming AI Act...

The Pact supports industry's voluntary commitments related to easing the uptake of AI in organisations, identifying AI systems likely to be categorised as high-risk under the rules and promoting AI literacy.

In addition to these core commitments, more than half of the signatories committed to additional pledges, including ensuring human oversight, mitigating risks, and transparently labelling certain types of AI-generated content, such as deepfakes, the Commission said...

The AI Act, the world’s first legal framework that regulates AI models according to the risk they pose, entered into force in August."

OpenAI Pushes Prompt-Hacking Defense to Deflect Copyright Claims; Bloomberg Law, August 29, 2024

 Annelise Gilbert, Bloomberg Law; OpenAI Pushes Prompt-Hacking Defense to Deflect Copyright Claims

"Diverting attention to hacking claims or how many tries it took to obtain exemplary outputs, however, avoids addressing most publishers’ primary allegation: AI tools illegally trained on copyrighted works."

How OpenAI is Looking to Beat the Growing Pool of Copyright Cases; The Fashion Law, July 23, 2024

 Aaron West, The Fashion Law; How OpenAI is Looking to Beat the Growing Pool of Copyright Cases

"The recent barrage of copyright infringement disputes that are being waged against OpenAI and Microsoft by major publishers, authors, and other plaintiffs continues to stack up, with various outcomes coming in early rounds from district courts. While most of the cases that the artificial intelligence (“AI”) company and its chief investor are facing are still in early stages, at least one major theme has started to emerge from the litigation: The two high-powered defendants are leaning on a defense that paints the plaintiffs’ claims as stemming from their manipulation of the AI-powered platforms at play – and thus, prompting allegedly unlikely and hypothetical outputs – and the harm they allege in their infringement cases as purely speculative."

An academic publisher has struck an AI data deal with Microsoft – without their authors’ knowledge; The Conversation, July 23, 2024

Wellett Potter, Lecturer in Law, University of New England , The Conversation; ; An academic publisher has struck an AI data deal with Microsoft – without their authors’ knowledge

"In May, a multibillion-dollar UK-based multinational called Informa announced in a trading update that it had signed a deal with Microsoft involving “access to advanced learning content and data, and a partnership to explore AI expert applications”. Informa is the parent company of Taylor & Francis, which publishes a wide range of academic and technical books and journals, so the data in question may include the content of these books and journals.

According to reports published last week, the authors of the content do not appear to have been asked or even informed about the deal. What’s more, they say they had no opportunity to opt out of the deal, and will not see any money from it...

The types of agreements being reached between academic publishers and AI companies have sparked bigger-picture concerns for many academics. Do we want scholarly research to be reduced to content for AI knowledge mining? There are no clear answers about the ethics and morals of such practices."

Center for Investigative Reporting sues Microsoft and OpenAI for copyright infringement; Business Today, June 29, 2024

 Pranav Dixit, Business Today; Center for Investigative Reporting sues Microsoft and OpenAI for copyright infringement

"The Center for Investigative Reporting (CIR), the non-profit organisation behind Mother Jones and Reveal, filed a lawsuit against tech giants Microsoft and OpenAI on Thursday, alleging unauthorised use of their copyrighted material to train AI models. This legal action follows similar lawsuits filed by The New York Times and other media organisations...

Interestingly, some media organisations have opted for a different approach, signing licensing deals with OpenAI. These include prominent names like The Associated Press, Axel Springer, the Financial Times, Dotdash Meredith, News Corp, Vox Media, The Atlantic, and Time."

Microsoft’s AI boss thinks it’s perfectly OK to steal content if it’s on the open web; The Verge, June 28, 2024

 Sean Hollister, The Verge; Microsoft’s AI boss thinks it’s perfectly OK to steal content if it’s on the open web

"Microsoft AI boss Mustafa Suleyman incorrectly believes that the moment you publish anything on the open web, it becomes “freeware” that anyone can freely copy and use. 

When CNBC’s Andrew Ross Sorkin asked him whether “AI companies have effectively stolen the world’s IP,” he said:

I think that with respect to content that’s already on the open web, the social contract of that content since the ‘90s has been that it is fair use. Anyone can copy it, recreate with it, reproduce with it. That has been “freeware,” if you like, that’s been the understanding...

I am not a lawyer, but even I can tell you that the moment you create a work, it’s automatically protected by copyright in the US." 

 

Yet Another AI Copyright Suit Against OpenAI Underscores the Autonomy-Automaton Divide; American Enterprise Institute, May 17, 2024

Michael Rosen , American Enterprise Institute; Yet Another AI Copyright Suit Against OpenAI Underscores the Autonomy-Automaton Divide

"In addition to previous litigation brought against artificial intelligence firms by the New York Times Company,  an alliance of prominent authors, and a group of creative artists, eight newspapers filed a complaint in district court in New York late last month, alleging that OpenAI and Microsoft are infringing their copyrighted articles by training generative AI products on their content and by churning out text that too closely resembles the copyrighted works.

And just like in the predecessor suits, the current litigation highlights a fundamental divide over AI that we’ve explored in this space on numerous occasions: While the newspapers regard ChatGPT and its ilk as mere automatons that mindlessly perform whatever operations they’re programmed to perform, OpenAI and Microsoft present their technology as genuinely autonomous (i.e. transformative and capable of transcending their rote programming.)"

Eight US newspapers sue OpenAI and Microsoft for copyright infringement; Associated Press via The Guardian, April 30, 2024

 Associated Press via The Guardian; Eight US newspapers sue OpenAI and Microsoft for copyright infringement

"A group of eight US newspapers is suing ChatGPT-maker OpenAI and Microsoft, alleging that the technology companies have been “purloining millions” of copyrighted news articles without permission or payment to train their artificial intelligence chatbots."

The Intercept, Raw Story and AlterNet sue OpenAI for copyright infringement; The Guardian, February 28, 2024

Nick Robins-Early, The Guardian ; The Intercept, Raw Story and AlterNet sue OpenAI for copyright infringement

"OpenAI and Microsoft are facing a fresh round of lawsuits from news publishers over allegations that their generative artificial intelligence products violated copyright laws and illegally trained by using journalists’ work. Three progressive US outlets – the Intercept, Raw Story and AlterNet – filed suits in Manhattan federal court on Wednesday, demanding compensation from the tech companies.

The news outlets claim that the companies in effect plagiarized copyright-protected articles to develop and operate ChatGPT, which has become OpenAI’s most prominent generative AI tool. They allege that ChatGPT was trained not to respect copyright, ignores proper attribution and fails to notify users when the service’s answers are generated using journalists’ protected work."

Complaint: New York Times v. Microsoft & OpenAI, December 2023

 Complaint:

THE NEW YORK TIMES COMPANY Plaintiff,

v.

MICROSOFT CORPORATION, OPENAI, INC., OPENAI LP, OPENAI GP, LLC, OPENAI, LLC, OPENAI OPCO LLC, OPENAI GLOBAL LLC, OAI CORPORATION, LLC, and OPENAI HOLDINGS, LLC,

Defendants

The Times Sues OpenAI and Microsoft Over A.I. Use of Copyrighted Work; The New York Times, December 27, 2023

 Michael M. Grynbaum and Ryan Mac, The New York Times; The Times Sues OpenAI and Microsoft Over A.I. Use of Copyrighted Work

"The New York Times sued OpenAI and Microsoft for copyright infringement on Wednesday, opening a new front in the increasingly intense legal battle over the unauthorized use of published work to train artificial intelligence technologies.

The Times is the first major American media organization to sue the companies, the creators of ChatGPT and other popular A.I. platforms, over copyright issues associated with its written works. The lawsuit, filed in Federal District Court in Manhattan, contends that millions of articles published by The Times were used to train automated chatbots that now compete with the news outlet as a source of reliable information.

The suit does not include an exact monetary demand. But it says the defendants should be held responsible for “billions of dollars in statutory and actual damages” related to the “unlawful copying and use of The Times’s uniquely valuable works.” It also calls for the companies to destroy any chatbot models and training data that use copyrighted material from The Times."

AI is learning from stolen intellectual property. It needs to stop.; The Washington Post, October 19, 2023

William D. Cohan , The Washington Post; AI is learning from stolen intellectual property. It needs to stop.

"The other day someone sent me the searchable database published by Atlantic magazine of more than 191,000 e-books that have been used to train the generative AI systems being developed by Meta, Bloomberg and others. It turns out that four of my seven books are in the data set, called Books3. Whoa.

Not only did I not give permission for my books to be used to generate AI products, but I also wasn’t even consulted about it. I had no idea this was happening. Neither did my publishers, Penguin Random House (for three of the books) and Macmillan (for the other one). Neither my publishers nor I were compensated for use of my intellectual property. Books3 just scraped the content away for free, with Meta et al. profiting merrily along the way. And Books3 is just one of many pirated collections being used for this purpose...

This is wholly unacceptable behavior. Our books are copyrighted material, not free fodder for wealthy companies to use as they see fit, without permission or compensation. Many, many hours of serious research, creative angst and plain old hard work go into writing and publishing a book, and few writers are compensated like professional athletes, Hollywood actors or Wall Street investment bankers. Stealing our intellectual property hurts."

Authors sue Meta, Microsoft, Bloomberg in latest AI copyright clash; Reuters, October 18, 2023

Blake Brittain, Reuters ; Authors sue Meta, Microsoft, Bloomberg in latest AI copyright clash

"A group of writers including former Arkansas governor Mike Huckabee and best-selling Christian author Lysa TerKeurst have filed a lawsuit in New York federal court that accuses Meta (META.O), Microsoft (MSFT.O) and Bloomberg of using their work to train artificial intelligence systems without permission.

The proposed class-action copyright lawsuit filed on Tuesday said that the companies used the controversial "Books3" dataset, which the writers said contains thousands of pirated books, to teach their large language models how to respond to human prompts."

Franzen, Grisham and Other Prominent Authors Sue OpenAI; The New York Times, September 20, 2023

 Alexandra Alter and Elizabeth A. Harris, The New York Times; Franzen, Grisham and Other Prominent Authors Sue OpenAI

"A group of prominent novelists, including John Grisham, Jonathan Franzen and Elin Hilderbrand, are joining the legal battle against OpenAI over its chatbot technology, as fears about the encroachment of artificial intelligence on creative industries continue to grow.

More than a dozen authors filed a lawsuit against OpenAI on Tuesday, accusing the company, which has been backed with billions of dollars in investment from Microsoft, of infringing on their copyrights by using their books to train its popular ChatGPT chatbot. The complaint, which was filed along with the Authors Guild, said that OpenAI’s chatbots can now produce “derivative works” that can mimic and summarize the authors’ books, potentially harming the market for authors’ work, and that the writers were neither compensated nor notified by the company."

Another group of writers is suing OpenAI over copyright claims; The Verge, September 11, 2023

Emma Roth , The Verge; Another group of writers is suing OpenAI over copyright claims

"A group of writers is suing OpenAI over claims the company illegally used their works to train its AI ChatGPT chatbot, as reported earlier by Reuters. In a lawsuit filed on Friday, Michael Chabon, David Henry Hwang, Rachel Louise Snyder, and Ayelet Waldman allege OpenAI benefits and profits from the “unauthorized and illegal use” of their copyrighted content.

The lawsuit is seeking class-action status and calls out ChatGPT’s ability to summarize and analyze the content written by the authors, stating this “is only possible” if OpenAI trained its GPT large language model on their works. It adds that these outputs are actually “derivative” works that infringe on their copyrights."

Microsoft to defend customers on AI copyright challenges; Reuters, September 7, 2023

Reuters ; Microsoft to defend customers on AI copyright challenges

"Microsoft (MSFT.O) will pay legal damages on behalf of customers using its artificial intelligence (AI) products if they are sued for copyright infringement for the output generated by such systems, the company said on Thursday.

Microsoft will assume responsibility for the potential legal risks arising out of any claims raised by third parties so long as the company's customers use "the guardrails and content filters" built into its products, the company said. It offers functionality meant to reduce the likelihood that the AI returns infringing content."

UN agency finds US, Asian companies seek most AI patents; Associated Press, January 31, 2019

Associated Press; UN agency finds US, Asian companies seek most AI patents

"The U.N.’s intellectual property organization says companies in Japan, South Korea and the U.S. are the top filers of patent applications involving artificial intelligence.

The World Intellectual Property Organization has issued a first report aiming to show trends in AI, seen as a growth area in coming years, although still a tiny fraction of all patent applications each year.

WIPO said Thursday that machine learning is the dominant AI technique disclosed in patents."

IBM Will Acquire Open-Source Software Company Red Hat In $34 Billion Deal; October 28, 2018

Laurel Wamsley, NPR; IBM Will Acquire Open-Source Software Company Red Hat In $34 Billion Deal

"In what may be the most significant tech acquisition of the year, IBM says it will acquire open-source software company Red Hat for approximately $34 billion...

"The acquisition of Red Hat is a game-changer. It changes everything about the cloud market," Ginni Rometty, IBM chairman, president and chief executive officer said in a statement. "This is the next chapter of the cloud."

Raleigh, N.C.–based Red Hat makes software for the open-source Linux operating system, an alternative to proprietary software made by Microsoft. It sells features and support on a subscription basis to its corporate customers...

Microsoft completed its $7.5 billion acquisition of open source software company GitHub just two days ago."