According to Engadget , the lawsuit, filed by the NYT in the federal district court in Manhattan (USA), marks the first time a major news organization has sued the developers of ChatGPT for copyright infringement. The NYT did not specify the amount of compensation being sought, but the action aims to hold OpenAI and Microsoft "accountable for billions of dollars in statutory and actual damages."
It remains unclear how much compensation the NYT is seeking from OpenAI and Microsoft.
The NYT claims that OpenAI (with ChatGPT) and Microsoft (with Copilot) "sought to leverage The Times ' significant investment in its journalistic operations" without any licensing agreement. In part of the complaint, the NYT highlighted their domain name ( www.nytimes.com ) as the primary source used exclusively to mine content for GPT-3 training.
The magazine alleges that more than 66 million records, ranging from news articles to editorials, published on NYT websites and other affiliated brands were used to train AI models. The lawsuit alleges that the defendants used "nearly a century of copyrighted content," causing significant harm. The NYT also states that OpenAI and Microsoft products may "generate output that verbatim quotes from NYT content, closely summarizing and mimicking the magazine's style of expression." This mirrors other complaints from comedians and authors such as Sarah Silverman and Julian Sancton, who claim OpenAI profited from their work.
If the lawsuit proves favorable to the NYT , it could create an opportunity for other publishers to pursue similar legal action and make training AI models for commercial purposes more expensive. Neither Microsoft nor OpenAI have commented on the case.
It remains unclear whether the NYT will be willing to approve the licensing agreement after previous negotiations failed, leading to the lawsuit, but OpenAI has recently reached several agreements. This month, they agreed to pay publisher Axel Springer for access to their content in a deal expected to be worth millions of dollars. Articles from Politico and Business Insider will also be provided to train OpenAI's next-generation AI tools as part of a three-year agreement. Prior to this, they also reached an agreement with AP to use archived content dating back to 1985.
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