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►What does that mean? New York Times to OpenAI?
” Battle of the titans “, This is how an American editorialist described the legal duel that began between the two New York Times and OpenAI Wednesday, December 27th. That day, the daily filed a lawsuit in a federal court in New York against the ambitious Silicon Valley company behind the generative artificial intelligence interface ChatGPT, which allows you to create any type of textual content at the simple request of a user. The newspaper accuses OpenAI and its main investor Microsoft of violating their copyright.
More precisely, the New York Times accuses him of having copied without his permission or financial compensation, “Millions” Content (surveys, reviews, recipes, etc.) for “Train” ChatGPT and similar tools. In fact, these are based on ingesting large amounts of text data from online sources to generate relevant and grammatically correct written answers.
► How is this complaint different from others?
By then, writers or artists had filed copyright infringement lawsuits against OpenAI. But with that New York TimesThis is the first time a press publication has sued him for this reason. Additionally, the day-to-day approach to the Silicon Valley company appears more threatening than previous ones.
«This complaint is more substantive than other copyright lawsuits filed earlier this year. observes Mehtab Khan, a researcher in AI ethics and intellectual property at Harvard. It provides stronger evidence of copying by OpenAI’s products and highlights the associated risks more concretely. The other complaints point more to a potential threat. »
► What possible consequences can this complaint have?
In addition to the financial consequences – damages are estimated at several billion dollars – this lawsuit could lead to the introduction of new rules for the use of media content by AI players, which are now subject to a legal vacuum. Certainly, some press companies, such as the Axel Springer Group publishers and the Associated Press agency, have begun to partner with OpenAI, but they are few and far between.
The New York Times had been trying to negotiate such an agreement since April last year, but in vain. Depending on how the case develops, other major media outlets that find themselves in the same impasse could also attack OpenAI by emphasizing, like their colleague, that their content has contributed to the success of the company, which is valued at more than 80 billion dollars becomes. A big challenge for OpenAI. «Will newspapers get new rights? Will it be possible to block copying of their texts? This complaint helps answer these questions», is making progress with Cecilia Ziniti, a lawyer specializing in intellectual property.
► How can OpenAI respond?
OpenAI has several options: find an amicable agreement to avoid litigation, or, conversely, rely on the legal ambiguity surrounding AI and argue that its data use falls under the EU “fair use” (“Fair Use”), a doctrine that allows the reproduction of copyrighted works under certain conditions. «AI companies must respond strategicallycontinues researcher Mehtab Khan. Yes / Yes New York Times If the company wins its showdown, it could significantly increase the cost of developing artificial intelligence products. »
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