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The New York Times sues OpenAI, Microsoft over use of its stories for training

The Times says it鈥檚 never given permission to anyone to use its content for generative AI purposes
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FILE - A sign for The New York Times hangs above the entrance to its building, Thursday, May 6, 2021 in New York. The New York Times filed a federal lawsuit against OpenAI and Microsoft on Wednesday, Dec. 27, 2023 seeking to end the practice of using published material to train chatbots. (AP Photo/Mark Lennihan, File)

The New York Times has filed a federal lawsuit against OpenAI and Microsoft seeking to end the practice of using its stories to train chatbots, saying that copyright infringements at the paper alone could be worth billions.

The paper joins a growing list of individuals and publishers trying to stop OpenAI from using copyrighted material.

In the suit filed Wednesday (Dec. 27) in Manhattan federal court, the Times said OpenAI and Microsoft are advancing their technology through the 鈥渦nlawful use of The Times鈥檚 work to create artificial intelligence products that compete with it鈥 and 鈥渢hreatens The Times鈥檚 ability to provide that service.鈥

OpenAI and Microsoft did not immediately respond to requests for comment.

Media organizations have been pummeled by a migration of readers to online platforms and while many publications have carved out a digital space online as well, artificial intelligence technology has threatened to upend numerous industries, including media.

Artificial intelligence companies scrape information available online, including articles published by media organizations, to train generative AI chatbots. Those companies have attracted billions in investments very rapidly.

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Microsoft has a partnership with OpenAI that allows it to capitalize on the AI technology made by the artificial intelligence company. The Redmon, Wash. tech giant is also OpenAI鈥檚 biggest backer and has invested billions of dollars into the company since the two began their partnership in 2019 with a $1 billion investment. As part of the agreement, Microsoft鈥檚 supercomputers help power OpenAI鈥檚 AI research and the tech giant integrates the startup鈥檚 technology into its products.

The number or lawsuits filed against OpenAI for copyright infringement is growing. The company has been sued by a number of writers - including comedian Sarah Silverman - who say their books were ingested to train OpenAI鈥檚 AI models without their permission. In June, more than 4,000 writers signed a letter to the CEOs of OpenAI, Google, Microsoft, Meta and other AI developers accusing them of exploitative practices in building chatbots that 鈥渕imic and regurgitate鈥 their language, style and ideas.

The Times did not list specific damages that it is seeking, but said the legal action 鈥渟eeks to hold them responsible for the billions of dollars in statutory and actual damages that they owe for the unlawful copying and use of The Times鈥檚 uniquely valuable works.鈥

The Times, however, is seeking the destruction of GPT and other large language models or training sets that incorporate its work.

In the complaint, the Times said Microsoft and OpenAI 鈥渟eek to free-ride on The Times鈥檚 massive investments in its journalism鈥 by using it to build products without payment or permission.

In July, OpenAI and The Associated Press announced a deal for the artificial intelligence company to license AP鈥檚 archive of news stories.

The New York Times said it鈥檚 never given permission to anyone to use its content for generative AI purposes.

The lawsuit also follows what appears to be breakdowns in talks between the newspaper and the two companies.

The Times said it reached out to Microsoft and OpenAI in April to raise concerns about the use of its intellectual property and reach a resolution on the issue. During the talks, the newspaper said it sought to 鈥渆nsure it received fair value鈥 for the use of its content, 鈥渇acilitate the continuation of a healthy news ecosystem, and help develop GenAI technology in a responsible way that benefits society and supports a well-informed public.鈥

鈥淭hese negotiations have not led to a resolution,鈥 the lawsuit said.

The Associated Press

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