'New York Times' Considers Legal Action Against OpenAI As Copyright Tensions Swirl
Lawyers for the New York Times are deciding whether to sue OpenAI to protect the intellectual property rights associated with its reporting. NPR reports: For weeks, the Times and the maker of ChatGPT have been locked in tense negotiations over reaching a licensing deal in which OpenAI would pay the Times for incorporating its stories in the tech company's AI tools, but the discussions have become so contentious that the paper is now considering legal action. A lawsuit from the Times against OpenAI would set up what could be the most high-profile legal tussle yet over copyright protection in the age of generative AI. A top concern for the Times is that ChatGPT is, in a sense, becoming a direct competitor with the paper by creating text that answers questions based on the original reporting and writing of the paper's staff. If, when someone searches online, they are served a paragraph-long answer from an AI tool that refashions reporting from the Times, the need to visit the publisher's website is greatly diminished, said one person involved in the talks. So-called large language models like ChatGPT have scraped vast parts of the internet to assemble data that inform how the chatbot responds to various inquiries. The data-mining is conducted without permission. Whether hoovering up this massive repository is legal remains an open question. If OpenAI is found to have violated any copyrights in this process, federal law allows for the infringing articles to be destroyed at the end of the case. In other words, if a federal judge finds that OpenAI illegally copied the Times' articles to train its AI model, the court could order the company to destroy ChatGPT's dataset, forcing the company to recreate it using only work that it is authorized to use. Federal copyright law also carries stiff financial penalties, with violators facing fines up to $150,000 for each infringement "committed willfully." Yesterday, Adweek reported that the New York Times updated its Terms of Service to prohibit its content from being used in the development of "any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system."
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