End/ The case could be a watershed moment for AI and copyright. A lot of folks saying OpenAI should have paid. We'll see!
What's at stake? The future of AI innovation and the protection of creative content. Stay tuned.
#OpenAI
#IPLaw
#Copyright
#NYTimes
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🧵 The historic NYT v.
@OpenAI
lawsuit filed this morning, as broken down by me, an IP and AI lawyer, general counsel, and longtime tech person and enthusiast.
Tl;dr - It's the best case yet alleging that generative AI is copyright infringement. Thread. 👇
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1/ First, the complaint clearly lays out the claim of copyright infringement, highlighting the 'access & substantial similarity' between NYT's articles and ChatGPT's outputs. Key fact: NYT is the single biggest proprietary data set in Common Crawl used to train GPT.
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2/ The visual evidence of copying in the complaint is stark. Copied text in red, new GPT words in black—a contrast designed to sway a jury. See Exhibit J here.
My take? OpenAI can't really defend this practice without some heavy changes to the instructions and a whole lot of…
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3/ 🦸 NYT is a great plaintiff. It isn't just about articles; it's about originality and the creative process. Their investigative journalism, like an in-depth taxi lending exposé cited in the complaint, goes beyond mere labor—it’s creativity at its core.
But here's a twist:…
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4/ ❌ Failed negotiations suggest damages for NYT. OpenAI's already licensed from other media outlets like Politico.
OAI's refusal to strike a deal with NYT (who says they reached out in April) may prove costly, especially as OpenAI profits grow and more and more examples…
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5/ 😈 The complaint paints
@OpenAI
as profit-driven and closed. It contrasts this with the public good of journalism. This narrative could prove powerful in court, weighing the societal value of copyright against tech innovation. Notably, this balance of good v evil has been at…
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6/ 🚫 Misinformation allegations add a clever twist. The complaint pulls in something people are scared of - hallucinations - and makes a case out of it, citing examples where elements of NYT articles were made up.
🍊 Most memorable example? Alleging Bing says the NYT published…
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7/ 💼 Another interesting point: NYT got really good lawyers. Susman Godfrey has a great reputation and track record taking on tech. This isn't a quick cash grab like the lawsuits filed a week after ChatGPT; it's a strategic legal challenge.
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@CeciliaZin
Great thread. What do you believe is a justified outcome for the case based on what you know today?
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@azeem
Based on what I know today, I think it’s a even jump ball between:
1 - litigating all the way to the Supreme Court. The New York Times has the money and is the perfect plaintiff, and Microsoft is very good at creating new law around technology. Like the betamax case in the 80s,…
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@CeciliaZin
OAI should pay NYT according to the following formula:
OAI revenue * (NYT share of original internet content / entire GPT4 training set)
should be like, 0.00001%. everyone wins
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@CeciliaZin
IP law doesn't protect creative content. It stifles and distorts innovation, free speech and expression, it's censorship, it's a blight on society.
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@CeciliaZin
if it's deemed ai has to pay, it seems likely there will be a challenge to social platforms next, many of which have been exploiting and harvesting time intensive creativity for decades
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@CeciliaZin
ai.crypto
Link for offers to own this web3 domain that is also an NFT , which allows decentralized sites, private chats with clients and friends etc, access to over 1000 partners, send/receive 307 Cryptocurrencies.
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@CeciliaZin
This isn't really about protecting creativity; it's more about the big players feeling threatened by newcomers who bring real substance. We've seen form used as a seductive tool for persuasion for ages. But now, when just about anyone can express themselves coherently and get…
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