OpenAI
has
claimed
in
a
motion
filed
Monday
that
The
New
York
Times
used
“deceptive
prompts”
to
get
ChatGPT
to
regurgitate
its
content.
For
that
and
other
reasons,
the
company
is
asking
the
US
District
Court
in
southern
New
York
to
dismiss
several
of
the
claims
in
the
outlet’s
copyright
infringement
lawsuit.
OpenAI
asserts
that
the
Times
exploited
a
bug
that
it’s
currently
working
to
fix
and
that
the
outlet
fed
articles
directly
to
the
chatbot
to
get
it
to
spit
out
verbatim
passages.
“Normal
people
do
not
use
OpenAI’s
products
this
way,”
the
company
says,
citing
an
April
2023
Times
article
titled
“35
Ways
Real
People
Are
Using
A.I.
Right
Now.”
This
is
all
very
similar
to
the
arguments
OpenAI
made
in
its
public
response
in
January.
Times
lead
counsel
Ian
Crosby
told
The
Verge
in
an
email
that
calling
the
outlet’s
efforts
a
hack
is
a
mischaracterization
and
that
the
outlet
was
“simply
using
OpenAI’s
products
to
look
for
evidence
that
they
stole
and
reproduced
The
Times’s
copyrighted
works.”
He
added
that
OpenAI
doesn’t
deny
“it
copied
Times
works
without
permission
within
the
statute
of
limitations.”
The
Times
sued
OpenAI
and
Microsoft
in
December,
claiming
the
companies
trained
their
AI
models
on
its
content
and
that
their
chatbots
could
reproduce
the
stories
verbatim.
The
publication
alleged
that
this
deprives
it
of
revenue
and
compromises
its
relationship
with
its
readers.
OpenAI
is
looking
to
partially
dismiss
the
Times’
count
of
direct
copyright
infringement
“to
the
extent
it
is
based
on
acts
of
reproduction
that
occurred
more
than
three
years
before
this
action.”
It
also
asks
the
court
to
dismiss
other
allegations:
that
OpenAI
contributed
to
the
infringement;
that
it
had
failed
to
remove
infringing
information;
and
that
it
created
unfair
competition
by
misappropriation.
The
Times
lawsuit
also
alleges
counts
of
trademark
dilution,
common
law
unfair
competition
by
misappropriation,
and
a
vicarious
copyright
infringement
claim.
OpenAI
similarly
whittled
down
complaints
in
a
lawsuit
from
Sarah
Silverman
and
other
authors
to
a
single
direct
copyright
infringement
claim.
As
successful
as
its
bid
was
and
this
one
could
be,
the
two
aren’t
the
only
lawsuits
against
AI
companies.
Startups
like
OpenAI,
Anthropic,
and
Stability
AI
are
looking
into
a
steadily
widening
maw
of
legal
action
right
now,
some
of
it
from
experienced
and
litigious
organizations
with
sometimes
decades
of
copyright
battles
under
their
belts.
As
The
Verge’s
Nilay
Patel
and
Sarah
Jeong
recently
discussed
on
the
Decoder
podcast,
the
cases
have
the
potential
to
upend
or
even
obliterate
the
nascent
industry.
(Originally posted by Wes Davis)
Comments