The New York Times vs OpenAI and Microsoft: A Battle for Control of Training Data

Monday - February 19 2024, 08:40 UTC - 9 months ago

The New York Times is suing OpenAI and Microsoft for copyright infringement in their use of training data for AI development. This case raises questions about the value and protection of reputable sources' data, as well as the potential for reputational damage caused by AI-generated misinformation. The outcome of this case could have significant implications for the use of training data in AI.

On Monday, February 19, 2024, the New York Times (NYT) filed a lawsuit against OpenAI and Microsoft, claiming that the use of copyrighted data in training AI systems without permission is copyright infringement. This groundbreaking case has the potential to set a new precedent for the legal implications of using training data in the development of AI technology.

The NYT's legal action against OpenAI and Microsoft is not the first of its kind, as there are already multiple lawsuits against AI companies, such as Getty Images' case against Stability AI. However, the NYT case brings to light new arguments and questions surrounding the use of training data for AI development.

One crucial aspect of the case is the value of the training data itself. The NYT argues that their content has enhanced value and desirability as training data due to their reputation for trustworthy news and information. This raises the question of whether reputable sources' data should be treated differently and protected from unauthorized use.

Another argument presented by the NYT is the impact of AI-generated misinformation on their reputation and trustworthiness. The lawsuit raises the issue of "hallucinations" in AI systems, where they generate false or misleading information but present it as fact. The NYT claims that this false attribution is causing reputational damage to their brand.

The crux of the case, however, is the role of fair use in the use of training data. OpenAI has argued that their use of online data falls under the principle of fair use, which allows copyrighted material to be used in certain circumstances. This has been a common defense in previous cases, but the NYT has taken a different angle. They claim that their data is unique and valuable, given its accuracy, trustworthiness, and prestige as a source. This argument has the potential to challenge the fair use defense frequently relied upon in similar cases.

In summary, the New York Times' lawsuit against OpenAI and Microsoft has opened a new frontier in the legal implications of using copyrighted data for AI training. It brings to light questions about the value and protection of reputable sources' data, as well as the potential for reputational damage caused by AI-generated misinformation. This case will undoubtedly be closely watched by media organizations and could have far-reaching implications for the use of training data in AI development.