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Why the New York Times’ AI Copyright Lawsuit Will Be Tricky to Defend

Peter Vaughan

2024-02-16 19:38:58

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The New York Times’ legal case against OpenAI and Microsoft is raising novel arguments in the ongoing legal battle over training generative AI with copyrighted data. The case revolves around the value of training data, reputational damage, and the issue of “hallucinations” in AI systems. The lawsuit challenges the typical fair-use defense and presents a new approach to protecting data used for training AI. Its outcome may have significant implications for media organizations and AI companies alike.

Key Themes

Training Data: The lawsuit revolves around the value and copyright protection of the data used to train AI systems, questioning the fair use of copyrighted material in this context.

Reputational Damage: The case addresses the harm caused by AI systems presenting false or misleading information as fact and the impact on the reputation of media organizations like the New York Times.

Fair Use Defense: The legal proceedings challenge the common fair-use defense used by AI companies and may set a new precedent for media organizations’ control over their reporting used in training AI.

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