A New York Times copyright lawsuit could kill OpenAI::A list of authors and entertainers are also suing the tech company for damages that could total in the billions.

  • kjPhfeYsEkWyhoxaxjGgRfnj@lemmy.world
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    8 months ago

    I doubt it. It would likely kill any non Giant tech backed AI companies though

    Microsoft has armies of lawyers and cash to pay. It would make life a lot harder, but they’d survive

  • Melllvar@startrek.website
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    8 months ago

    If OpenAI owns a Copyright on the output of their LLMs, then I side with the NYT.

    If the output is public domain–that is you or I could use it commercially without OpenAI’s permission–then I side with OpenAI.

    Sort of like how a spell checker works. The dictionary is Copyrighted, the spell check software is Copyrighted, but using it on your document doesn’t grant the spell check vendor any Copyright over it.

    I think this strikes a reasonable balance between creators’ IP rights, AI companies’ interest in expansion, and the public interest in having these tools at our disposal. So, in my scheme, either creators get a royalty, or the LLM company doesn’t get to Copyright the outputs. I could even see different AI companies going down different paths and offering different kinds of service based on that distinction.

    • tabular@lemmy.world
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      8 months ago

      I want people to take my code if they share their changes (gpl). Taking and not giving back is just free labor.

    • Grimy@lemmy.world
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      8 months ago

      I think it currently resides with the one doing the generation and not openAI itself. Officially it is a bit unclear.

      Hopefully, all gens become copyleft just for the fact that ais tend to repeat themselves. Specific faces will pop up quite often in image gen for example.

    • gram_cracker@lemmynsfw.com
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      8 months ago

      If LLMs like ChatGPT are allowed to produce non-copyrighted work after being trained on copyrighted work, you can effectively use them to launder copyright, which would be equivalent to abolishing it at the limit.

      A much more elegant and equitable solution would be to just abolish copyright outright. It’s the natural direction of a country that chooses to invest in LLMs anyways.

  • SatanicNotMessianic@lemmy.ml
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    8 months ago

    The NYT has a market cap of about $8B. MSFT has a market cap of about $3T. MSFT could take a controlling interest in the Times for the change it finds in the couch cushions. I’m betting a good chunk of the c-suites of the interested parties have higher personal net worths than the NYT has in market cap.

    I have mixed feelings about how generative models are built and used. I have mixed feelings about IP laws. I think there needs to be a distinction between academic research and for-profit applications. I don’t know how to bring the laws into alignment on all of those things.

    But I do know that the interested parties who are developing generative models for commercial use, in addition to making their models available for academics and non-commercial applications, could well afford to properly compensate companies for their training data.

      • ripcord@lemmy.world
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        8 months ago

        Or Musk when he decided he didn’t like what people were saying on Twitter.

      • SatanicNotMessianic@lemmy.ml
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        8 months ago

        I completely agree. I don’t want them to buy out the NYT, and I would rather move back to the laws that prevented over-consolidation of the media. I think that Sinclair and the consolidated talk radio networks represent a very real source of danger to democracy. I think we should legally restrict the number of markets a particular broadcast company can be in, and I also believe that we can and should come up with an argument that’s the equivalent of the Fairness Doctrine that doesn’t rest on something as physical and mundane as the public airwaves.

  • db2@lemmy.world
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    8 months ago

    Oh no, how terrible. What ever will we do without Shenanigans Inc. 🙄

  • Grimy@lemmy.world
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    8 months ago

    This would bring up the cost of entry for making a model and nothing more. OpenAI will buy the data if they have too and so will google. The money will only go to the owners of the New York Times and its shareholders, none of the journalists who will be let go in the coming years will see a dime.

    We must keep the entry into the AI game as low as possible or the only two players will be Microsoft and Google. And as our economy becomes increasingly AI driven, this will cement them owning it.

    Pragmatism or slavery, these are the two options.

      • Even_Adder@lemmy.dbzer0.com
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        8 months ago

        He’s not arguing for OpenAI, but for the rest of us. AI is a public technology, but we’re on the verge of losing our ability to participate due to things like this and the megacorps’ attempts at regulatory capture. Which they might just get. Their campaign against AI is a lot like governments’ attempts to destroy encryption. Support open source development, It’s our only chance. Their AI will never work for us. John Carmack put it best.

        Fuck "Open"AI, fuck Microsoft. Pragmatism or slavery.

          • Grimy@lemmy.world
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            8 months ago

            If you want to know my personal political stance, I think every company with more than 50 or so employees should be owned by the state. I’m for the dismantling of the stock market and the owner caste. I’m also a realist and understand those things won’t come to pass anytime soon. OpenAI will remain and they will happily eat all the fines if it guarantees them a monopoly.

            I wasn’t playing devil’s advocate. My point is these legislation only help companies like OpenAI while bringing no benefit whatsoever to any of us.

            There are also ways to hold giant megacorporations to a different set of standards than independent developers.

            Yes but that isn’t what is being currently proposed, is it?

              • Grimy@lemmy.world
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                8 months ago

                You edited your comment after I responded. This is what you originally posted:

                "That’s a pretty good trick, trying to conflate regulation of OpenAI with other impossible ideals you claim to hold, and drawing a hard line between that and your own suggestion: to let OpenAI win.

                I feel sorry for your clients.

                (By the way, Grimy claims to be a copyright lawyer, but for some reason he only crawls out of the woodwork when OpenAI is discussed. Sam Altman himself seems like a less biased source for how AI should be treated.)"

              • Grimy@lemmy.world
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                8 months ago

                I never claimed to be a copyright lawyer and there is literally no other copyright discussion except the ones pertaining to AI. I touched on my ideals because you were implying I was pro big business.

                I always try to have a reasonable discussion with you but you always end up writing these kinds of comments while never adressing my actual arguments. Have a good day bro.

  • 800XL@lemmy.world
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    8 months ago

    YES! AI is cool I guess, but the massive AI circlejerk is so irritating though.

    If OpenAI can infringe upon all the copyrighted material on the net then the internet can use everything of theirs all for free too.

    • webghost0101@sopuli.xyz
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      8 months ago

      NYT loses even if they win.

      While id love to see Openai forced to take a step back ai isn’t going away.

      Journalism will have to adapt or it will get replaced, just like so many jobs, including my own.

    • VonCesaw@lemmy.world
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      8 months ago

      Honestly, I’d rather OpenAI lose this one, and NYT lose later on in a much more embarrassing manner that cuts all the golden parachutes

  • Tony Bark@pawb.social
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    8 months ago

    The problem with copyright is that everything is automatically copyrighted. The copyright logo is purely symbolic, at this point. Both sides are technically right, even though the courts have ruled that anything an AI outputs is actually in the public domain.

    • Even_Adder@lemmy.dbzer0.com
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      8 months ago

      Works involving the use of AI are copyrightable. Also, the Copyright Office’s guidance isn’t law. Their guidance reflects only the office’s interpretation based on its experience, it isn’t binding in the courts or other parties. Guidance from the office is not a substitute for legal advice, and it does not create any rights or obligations for anyone. They are the lowest rung on the ladder for deciding what law means.

        • Even_Adder@lemmy.dbzer0.com
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          8 months ago

          This ruling is about something else entirely. He tried to argue that the AI itself was the author and that copyright should pass to him as he hired it.

          An excerpt from your article:

          In 2018, Dr. Thaler sought to register “Recent Entrance” with the U.S. Copyright Office, listing the Creativity Machine as its author. He claimed that ownership had been transferred to him under the work-for-hire doctrine, which allows the employer of the creator of a given work or the commissioner of the work to be considered its legal author. However, in 2019, the Copyright Office denied copyright registration for “Recent Entrance,” ruling that the work lacked the requisite human authorship. Dr. Thaler requested a review of his application, but the Copyright Office once more refused registration, restating the requirement that a human have created the work.

          Copyright is afforded to humans, you can’t register an AI as an author, the same as a monkey can’t hold copyright.

          • wikibot@lemmy.worldB
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            8 months ago

            Here’s the summary for the wikipedia article you mentioned in your comment:

            Between 2011 and 2018, a series of disputes took place about the copyright status of selfies taken by Celebes crested macaques using equipment belonging to the British wildlife photographer David J. Slater. The disputes involved Wikimedia Commons and the blog Techdirt, which have hosted the images following their publication in newspapers in July 2011 over Slater’s objections that he holds the copyright, and People for the Ethical Treatment of Animals (PETA), who have argued that the copyright should be assigned to the macaque. Slater has argued that he has a valid copyright claim because as he engineered the situation that resulted in the pictures by travelling to Indonesia, befriending a group of wild macaques, and setting up his camera equipment in such a way that a selfie might come about. The Wikimedia Foundation’s 2014 refusal to remove the pictures from its Wikimedia Commons image library was based on the understanding that copyright is held by the creator, that a non-human creator (not being a legal person) cannot hold copyright, and that the images are thus in the public domain.

            to opt out, pm me ‘optout’. article | about

            • Even_Adder@lemmy.dbzer0.com
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              8 months ago

              Then you should amend your comment to:

              even though the courts have ruled that anything atributed to an AI outputs as an author is actually in the public domain.

              Because as typed, it is wrong.

  • AutoTL;DR@lemmings.worldB
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    8 months ago

    This is the best summary I could come up with:


    Late last year, the New York Times sued OpenAI and Microsoft, alleging that the companies are stealing its copyrighted content to train their large language models and then profiting off of it.

    Meanwhile, the Senate Judiciary Subcommittee on Privacy, Technology, and Law held a hearing in which news executives implored lawmakers to force AI companies to pay publishers for using their content.

    In its rebuttal, OpenAI said that regurgitation is a “rare bug” that the company is “working to drive to zero.” It also claims that the Times “intentionally manipulated prompts” to get this to happen and “cherry-picked their examples from many attempts.”

    A growing list of authors and entertainers have been filing lawsuits since ChatGPT made its splashy debut in the fall of 2022, accusing these companies of copying their works in order to train their models.

    Developers have sued OpenAI and Microsoft for allegedly stealing software code, while Getty Images is embroiled in a lawsuit against Stability AI, the makers of image-generating model Stable Diffusion, over its copyrighted photos.

    In that 2013 decision, Judge Chin said its technology “advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders.” And a 2023 economics study of the effects of Google Books found that “digitization significantly boosts the demand for physical versions” and “allows independent publishers to introduce new editions for existing books, further increasing sales.” So consider that another point in favor of giving tech platforms room to innovate.


    The original article contains 1,628 words, the summary contains 259 words. Saved 84%. I’m a bot and I’m open source!

  • kaitco@lemmy.world
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    8 months ago

    I never thought that the AI-driven apocalypse could be impeded by a simple lawsuit. And, yet, here we are.

    • maynarkh@feddit.nl
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      8 months ago

      One has to wonder why in Star Trek the Federation did not simply sue the Borg.

      • BearOfaTime@lemm.ee
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        8 months ago

        Hahahahahahaha hahahahahahaha omg, thank you for the very real, actual laugh-out-loud moment.

        Now I’m envisioning Picard one one side, Borq Borg (wtf autocorrect?) Queen on the other, and what, Q as judge, looking older by the minute, just hating life.

      • kaitco@lemmy.world
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        8 months ago

        Well, that comes down to the particular venue. Who’s going to rule? The Kardassians??