The New York Times has filed a lawsuit against OpenAI and Microsoft, alleging copyright infringement related to the use of the ChatGPT large language models. The lawsuit claims that OpenAI's ChatGPT models have benefited from copyrighted material owned by the New York Times. The NYT is seeking compensation, the removal of all LLMs containing its data, a permanent injunction against Microsoft and OpenAI for alleged copyright infringement, and additional remedies.
This legal action comes as part of a broader trend where content producers, including artists, are taking legal measures against developers of generative language and image models. Microsoft, the parent company of OpenAI, is already facing a class-action lawsuit over the use of source code in OpenAI's Codex LLM, which powers GitHub Copilot.
The New York Times argues that OpenAI's ChatGPT, by utilizing its copyrighted material, infringes on its rights. On the other hand, AI providers typically defend the use of large language models under the "fair use" standard, asserting that these tools generate new content rather than replicate copyrighted material.
Analysts at Bank of America downplayed the potential impact on the development of tools like GitHub Copilot, stating that there would likely be little impact on the pace of development or on Azure's AI revenue in the near term.
Microsoft has established a Responsible AI Council to address issues related to data privacy, prevent bias, and establish standards for AI development. The company contends that its AI tools are trained on its own data and code, emphasizing that GitHub Copilot, for example, is based on OpenAI's Codex LLM but is likely restricted to Microsoft's code used for developing Azure services and other Microsoft offerings.
As the legal landscape evolves, it is expected that more copyright suits could be brought against OpenAI, Microsoft, and other developers of generative AI models. While AI was initially perceived as a threat, it is increasingly seen as a potential growth opportunity, with content producers exploring licensing deals related to AI technologies. The outcome of these legal battles will likely shape the future development and use of AI models.
