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OpenAI and The New York Times in Legal Battle Over AI's Use of Copyrighted Content

Algoine News
Summary:
The New York Times has launched legal proceedings against OpenAI, the company behind the ChatGPT artificial intelligence system, arguing that OpenAI has used more of the Times' online content than from any other private source, constituting copyright violation. The lawsuit has potential ramifications for the wider U.S. legal system and the world. The crux of the case is the debate over whether using copyrighted material to train AI systems falls under "fair use." This decision could impact journalism outlets and other industries reliant on copyrighted material. OpenAI defends its practice as the only viable way of training today's AI systems to the level required, while promising to work on eliminating a "bug" that produces content resembling copyrighted works.
The recent litigation filed by The New York Times against OpenAI, the creator of the artificial intelligence system ChatGPT, revolves around a single question: Does it constitute copyright violation or merely a system glitch when an AI system produces outputs closely mirroring the data it was trained on? The Times asserts OpenAI extensively used its online content along with U.S. patent documents and Wikipedia to train their AI models, more so than from any other private source. Refuting this, OpenAI claims this training approach is "fair use," and considers the lawsuit groundless. The results of this lawsuit could have an overwhelming impact, not only on the parties involved but also on the wider U.S society and potentially the world. If OpenAI prevails, legitimizing the use of copyrighted material to train AI systems under the fair use notion, it'll significantly affect the U.S judicial landscape. As Mike Cook, a senior lecturer at King’s College, commented on the issue, if specific corporations could bypass laws applicable to the rest, despite AI's benefits such as responding to emails or summarizing work, it could pose grave concerns. According to The Times, such an exemption is a potential danger to its business operation. OpenAI has confessed to a "bug" in ChatGPT, which sometimes generates text closely resembling existing copyrighted content. The Times contends that this situation could potentially evade paywalls, deprive advertising revenues, and thereby hamper its primary operations. If OpenAI is permitted to continue unrestricted training on copyrighted material, the implications could be disastrous in the long run for The Times, as well as other journalism outlets that may serve as AI training material, states the lawsuit. This argument could also apply to other profit-generating sectors reliant on copyrighted material such as film, music, television, literature, etc. Conversely, OpenAI mentioned in the submission to the U.K.’s House of Lords communications and digital committee that exclusive reliance on public domain books and drawings from over a century ago while training AI systems would only result in yielding an interesting experiment but won’t serve today’s requirements. A key issue here is the complexity in striking a balance. Although OpenAI is making efforts to prevent ChatGPT and similar models from producing copyrighted material, there are no guarantees that it will not persist. Often seen as “black box” systems, these AI models provide no clarity to developers about the generation of their outputs. Once the training process is complete, you cannot exclude the data from The Times or any other copyright holder. If laws were amended to completely prohibit the use of copyrighted content, OpenAI might need to erase the ChatGPT model and commence from the beginning, thereby leading to excessive costs and inefficiency. They propose dealing with this situation by partnering with news and media firms and committing to further actions to abolish this bug. The absolute worst-case for the AI field would be the loss of monetization opportunities concerning models trained on copyrighted material. This may not affect endeavors like self-driving vehicles or supercomputer-managed AI systems but could render generative products like ChatGPT unviable for market launch. Correspondingly, copyright holders could face catastrophe if the court rules that copyright-protected content can be freely utilized to train AI systems, potentially green-lighting AI firms to redistribute subtly altered copyrighted materials without any legal binds.

Published At

1/12/2024 9:10:22 PM

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