The lawsuit mentions this, so maybe they did work out some agreement to license their data: "For months, The Times has attempted to reach a negotiated agreement with Defendants, in accordance with its history of working productively with large technology platforms to permit the use of its content in new digital products (including the news products developed by Google, Meta, and Apple)."
The New York Times is suing OpenAI and Microsoft for copyright infringement
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#16What are they arguing here? AFAIK reading copyrighted works is not copyright infringement. Copying and selling them is, as the name would suggest, but OpenAI absolutely did not do that. Are they trying to say that LLM training is a special type of reading that should be considered infringement? Seems like a weak case to me. edit: Would be very funny if OpenAI used an educational fair use defense
Nobody can argue that OpenAI was feeding the content to ChatGPT because ChatGPT was bored or was curious about current events. It was fed NYT's content so it would know how to reproduce similar content, for profit.
I think getting a case-law in the books as to what is legal, and what is not, with LLMs, was inevitable. If it wasn't NYT suing ChatGPT, it would be another publisher, or another artist, whose work was used to "train" these systems.
Re: The New York Times is suing OpenAI and Microsoft for copyright infringement
#17I'd bet they win, but how do you possibly measure the dollar amount? If you strip out 100% of NYT content from GPT-4, I don't think you'd notice a difference. But if you go domain by domain and continue stripping training data, the model will eventually get worse.
Re: The New York Times is suing OpenAI and Microsoft for copyright infringement
#18This is a wonderful holiday present. It's hard for me to imagine an outcome of this trial that I'd be against. Whoever loses (preferably both), it would be positive for society. It would even be great if the only outcome is that future LLM's are prohibited from using the NY Times's writing style.
Re: The New York Times is suing OpenAI and Microsoft for copyright infringement
#19> The New York Times is suing OpenAI and Microsoft over claims the companies built their AI models by “copying and using millions” of the publication’s articles and now “directly compete” with the outlet’s content. Millions? Damn, they can churn out some content. 13 million[0]!. [0] https://archive.nytimes.com/www.nytimes.com/ref/membercenter... .
Re: The New York Times is suing OpenAI and Microsoft for copyright infringement
#20> As outlined in the lawsuit, the Times alleges OpenAI and Microsoft’s large language models (LLMs), which power ChatGPT and Copilot, “can generate output that recites Times content verbatim