OpenAI and Microsoft UPSC NOTE

 New York Times' lawsuit against OpenAI and other cases

  • The NYT claimed that these companies use information from multiple sources to develop AI products

  • However, they give The NYT content special emphasis and “seek to free-ride on the Times’s massive investment in journalism” without permission or payment. 

  • This reduces readers’ perceived need to visit the Times website, potentially reducing advertising and subscription revenue.

  • Examples of many ChatGPT and Bing Chat (Copilot) outputs were provided, which were almost verbatim copies of The NYT articles with no attribution.

  • The Times claimed that although it had contacted these companies, talks to find “an amicable resolution” had come to a standstill. 

  • The complaint also addressed the problem of AI “hallucinations”, in which incorrect material is mistakenly credited to The Times

  • Furthermore, it wanted that any chatbot models and training data utilising Times copyrighted content be destroyed.

  • However, OpenAI argues that since using copyrighted content to train GenAI models “serves a new ‘transformative’ purpose”, their actions should be permitted under “fair use”. It goes without saying that The NYT disagreed.

Other cases

  • Even earlier, lawsuits were brought against AI services for using unpaid web content scraping. Several authors, including George Martin, Jonathan Franzen, and John Grisham, sued a few GenAI companies, alleging “systematic theft on a mass scale”. 

  • Philip Pullman and Margaret Atwood have signed an open letter demanding payment for the use of their works by AI companies

  • Alleging code misuse in Copilot training, some IT professionals have sued OpenAI, Microsoft, and GitHub. Stability AI, Midjourney, and DeviantArt were sued by visual artists for infringement of their copyrights. 

  • Getty Images also sued Stability AI. 

  • Universal Music Group urged Spotify and Apple Music to prevent scraping its material to train AI bots to make new songs

  • And so forth. But it is the first instance of a U.S. media house of significance suing Big Tech for such copyright infringement

  • The U.S. Supreme Court declined to revive a challenge to Google’s digital library of millions of books seven years ago. 

  • The Times, however, has drawn comparisons between its move and a copyright lawsuit that dates back more than 20 years against Napster, in which record companies accused the file-sharing service of using their content unlawfully.

  • In this GenAI era, the current lawsuit undoubtedly opens up a new legal frontier

  • It may redefine legal contours around intellectual property rights in the U.S. and establish global precedents at a time when most regulatory frameworks, including those in India, are falling behind

  • An epic battle pits push-button information generated by AI against labour-intensive human newsgathering. 

  • From a legal perspective, it is a classic case of established law lagging behind new technology.

  • The victory of Big Tech might deter human content producers

  • The NYT prevails, GenAI companies might be required to compensate content producers for their use, which would significantly increase the cost of GenAI models



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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: OpenAI and Microsoft UPSC NOTE
OpenAI and Microsoft UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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