Earlier quoted context omitted.
> In copyright cases, typically you need to show some kind of harm. NYT is suing for statutory copyright infringement. That means you only need to demonstrate that the copyright infringement, since the infringement alone is considered harm; the actual harm only matters if you're suing for actual damages. This case really comes down to the very unsolved question of whether or not AI training and regurgitation is copyr…
NYT doesn't care about regurgitation. When it was doable, it was spotty enough that no one would rely on it. But now the "trick" doesn't even work anymore (you would paste the start of an article and chatgpt would continue it). What they want is to kill training, and more over, prevent the loss of being the middle-man between events and users.
So... they want to continue reporting news, and they don't want their news reports to be presented to users in a place where those users are paying someone else and not them. How horrible of them?
If NYT is not reporting news, then NYT news reports will not be available for AIs to ingest. They can perhaps still get some of that data from elsewhere, perhaps from places that don't worry about the accuracy of the news (or intentionally produces inaccurate news). You have to get signal from somewhere, just the noise isn't enough, and killing off the existing sources of signal (the few remaining ones) is going to make that a lot harder.
The question is, does journalism have a place in a world with AIs, and should OpenAI be the one deciding the answer to that question?