AI

OpenAI claims New York Times copyright lawsuit is without merit

Comment

pattern of openAI logo
Image Credits: Bryce Durbin / TechCrunch

In late December, The New York Times sued OpenAI and its close collaborator and investor, Microsoft, for allegedly violating copyright law by training generative AI models on the Times’ content. Today, OpenAI gave a public response, claiming — unsurprisingly — that the Times’ lawsuit is meritless.

In a letter published this afternoon on OpenAI’s official blog, the company reiterates its view that training AI models using publicly available data from the web — including articles like the Times’ — is fair use. In other words, in creating generative AI systems like GPT-4 and DALL-E 3, which “learn” from billions of examples of artwork, ebooks, essays and more to generate human-like text and images, OpenAI believes that it isn’t required to license or otherwise pay for the examples — even if it makes money from those models.

“We view this principle as fair to creators, necessary for innovators and critical for U.S. competitiveness,” OpenAI writes.

OpenAI also addresses in its letter regurgitation, the phenomenon where generative AI models spit out training data verbatim (or near-verbatim) when prompted in a certain way — for example, generating a photo that’s identical to one taken by a famous photographer. OpenAI makes the case that regurgitation is less likely to occur with training data from a single source (e.g., The New York Times) and places the onus on users to “act responsibly” and avoid intentionally prompting its models to regurgitate.

“Interestingly, the regurgitations The New York Times [cites in its lawsuit] appear to be from years-old articles that have proliferated on multiple third-party websites,” OpenAI writes. “It seems they intentionally manipulated prompts, often including lengthy excerpts of articles, in order to get our model to regurgitate. Even when using such prompts, our models don’t typically behave the way The New York Times insinuates, which suggests they either instructed the model to regurgitate or cherry-picked their examples from many attempts.”

OpenAI’s response comes as the copyright debate around generative AI reaches a fever pitch.

In a piece published this week in IEEE Spectrum, noted AI critic Gary Marcus and Reid Southen, a visual effects artist, show how AI systems, including DALL-E 3, regurgitate data even when not specifically prompted to do so — making OpenAI’s claims to the contrary less credible. Marcus and Southen, in fact, make reference to The New York Times lawsuit in their piece, noting that the Times was able to elicit “plagiaristic” responses from OpenAI’s models simply by giving the first few words from a Times story.

The Times is only the latest copyright holder to sue OpenAI over what it believes is a clear violation of IP laws.

Actress Sarah Silverman joined a pair of lawsuits in July that accuse Meta and OpenAI of having “ingested” Silverman’s memoir to train their AI models. In a separate suit, thousands of novelists, including Jonathan Franzen and John Grisham, claim OpenAI sourced their work as training data without their permission or knowledge. And several programmers have an ongoing case against Microsoft, OpenAI and GitHub over Copilot, an AI-powered code-generating tool, which the plaintiffs say was developed using their IP-protected code.

Some news outlets, rather than fight generative AI vendors in court, have chosen to ink licensing agreements with them. The Associated Press struck a deal in July with OpenAI, and Axel Springer, the German publisher that owns Politico and Business Insider, did likewise in December. OpenAI also has deals in place with the American Journalism Project and NYU.

But the payouts tend to be quite small. According to The Information, OpenAI — whose annualized revenue reportedly hovers around $1.6 billion — offers between $1 million and $5 million a year to license copyrighted news articles to train its AI models.

Until recently, The New York Times, too, had been in conversations with OpenAI to establish a “high-value” partnership involving “real-time display” of its brand in ChatGPT, OpenAI’s AI-powered chatbot. But discussions broke down in mid-December, according to OpenAI.

For what it’s worth, the public might be on publishers’ sides. According to a recent poll from the independent think tank The AI Policy Institute, when informed about the details of The New York Times lawsuit against OpenAI, 59% of respondents agreed that AI companies shouldn’t be allowed to use publisher content to train models while 70% said that the companies should compensate outlets if they want to use copyrighted materials in model training.

More TechCrunch

The firm has numerous legs to it, ranging from a venture studio to standard funds, where it does everything from co-founding companies to deploying capital.

CityRock launches second fund to back founders from diverse backgrounds

Since launching xAI last year, Elon Musk has been using X as a sandbox to test some of the Grok model’s AI capabilities. Beyond the basic chatbot, X uses the…

X launches underwhelming Grok-powered ‘More About This Account’ feature

Lakera, a Swiss startup that’s building technology to protect generative AI applications from malicious prompts and other threats, has raised $20 million in a Series A round led by European…

Lakera, which protects enterprises from LLM vulnerabilities, raises $20M

Alongside a slew of announcements for Play—such as AI-powered app comparisons and a feature that bundles similar apps—Google has introduced new “Curated Spaces,” hubs dedicated to specific topics. Announced Wednesday,…

Google Play gets ‘Comics’ feature for manga readers in Japan

Farmers have got to do something about pests. But nobody really likes the idea of using more chemical pesticides. Thomas Laurent’s company, Micropep, thinks the answer might already be in…

Micropep taps tiny proteins to make pesticides safer

Play Store is getting AI-powered app comparisons, automatically organized categories for similar apps, dedicated hubs for content, data personalization controls, support for playing multiple mobile games on PCs, and more…

Google adds AI-powered comparisons, collections and more data controls to Play Store

Vanta, a trust management platform that helps businesses automate much of their security and compliance processes, today announced that it has raised a $150 million Series C funding round led…

Vanta trust management platform raises $150M Series C, now valued at $2.45B

The Overture Maps Foundation is today releasing data sets for 2.3B building “footprints” globally, 54M notable places of interest, a visual overlay of “boundaries,” and land and water features such…

Backed by Microsoft, AWS and Meta, the Overture Maps Foundation launches its first open map data sets

The startup is not disclosing its valuation, but sources close to the company say the figure is just under $400 million post-money.

Dazz snaps up $50M for AI-based, automated cloud security remediation

The outcome of the Spanish authority’s probe could take up to two years to complete, and leave Apple on the hook for fines in the billions.

Apple’s App Store hit with antitrust probe in Spain

Proton’s first cryptocurrency product is a wallet called Proton Wallet that’s designed to make it easier to get started with bitcoin.

Proton releases a self-custody bitcoin wallet

Dental care is a necessity, yet many patients lack confidence in their dentists’ ability to provide accurate diagnoses and appropriate treatments. Some dentists over treat patients, leading to unnecessary expenses,…

Pearl raises $58M to help dentists make better diagnoses using AI 

Exoticca’s platform connects flights, hotels, meals, transfers, transportation and more, plus the local companies at the destinations.

Spanish startup Exoticca raises a €60M Series D for its tour packages platform

Content creators are busy people. Most spend more than 20 hours a week creating new content for their respective corners of the web. That doesn’t leave much time for audience…

Mark Zuckerberg imagines content creators making AI clones of themselves

Elon Musk says he will show off Tesla’s purpose-built “robotaxi” prototype during an event October 10, after scrapping a previous plan to reveal it August 8. Musk said Tesla will…

Elon Musk sets new date for Tesla robotaxi reveal, calls everything beyond autonomy ‘noise’

Alphabet will spend an additional $5 billion on its self-driving subsidiary, Waymo, over the next few years, according to Ruth Porat, the company’s chief financial officer. Porat announced the commitment…

Alphabet to invest another $5B into Waymo

There is no fool proof way to prevent a buggy update like CrowdStrike’s, but there are best practices that could mitigate the fallout.

How to prevent your software update from being the next CrowdStrike

Spotify CEO Daniel Ek says the streaming service is still in the “early days” of its plans to bring hi-fi support to the platform. During the company’s earnings call on…

Spotify CEO says company is in ‘early days’ of hi-fi audio plans

Featured Article

A comprehensive list of 2024 tech layoffs

The tech layoff wave is still going strong in 2024. Following significant workforce reductions in 2022 and 2023, this year has already seen 60,000 job cuts across 254 companies, according to independent layoffs tracker Layoffs.fyi. Companies like Tesla, Amazon, Google, TikTok, Snap and Microsoft have conducted sizable layoffs in the…

A comprehensive list of 2024 tech layoffs

Tesla was not the first company to begin working on a humanoid form factor, but while being the first to market does carry weight in this high-tech space, we’re at…

Elon Musk sets 2026 Optimus sale date. Here’s where other humanoid robots stand.

Harvey, a startup building what it describes as an AI-powered “copilot” for lawyers, has raised $100 million in a Series C round led by GV, Google’s corporate venture arm. The…

OpenAI-backed legal tech startup Harvey raises $100M

Digital banking startup Mercury informed some founders that it is no longer serving customers in certain countries, including Ukraine.

Digital banking startup Mercury abruptly shuttered service for startups in Ukraine, Nigeria, other countries

Welcome to TechCrunch Fintech! This week, we’re looking at Human Interest’s path toward an IPO, fintech’s newest unicorn, a slew of new fundraises, and more. To get a roundup of…

The next fintech to go public may not be the one you expected

Waymo has started testing on public roads in San Francisco a new robotaxi built by Chinese electric automaker Zeekr.  Waymo has “less than a handful” of the Zeekr vehicles in San…

The Waymo-Zeekr robotaxi has come to San Francisco

The transaction values Cyabra at $70 million, and the company expects the merger to close by the end of the year.

Cyabra, a startup helping companies and governments detect disinformation, plans to go public via SPAC

Featured Article

There’s a lot more to the Kamala Harris memes than you think

“You think you just fell out of a coconut tree?” says Vice President Kamala Harris in a now infamous clip. An overlay of the lime green album art for Charli XCX’s “Brat” flashes on the screen, while a remix of “Von Dutch” scores increasingly frenetic clips of Harris hysterically laughing…

There’s a lot more to the Kamala Harris memes than you think

GM’s self-driving car subsidiary Cruise is scrapping plans to build the Origin — a purpose-built robotaxi with no steering wheel or pedals — and will instead use the next-generation Chevrolet Bolt…

GM’s Cruise abandons Origin robotaxi, takes $583 million charge

The Federal Trade Commission announced on Tuesday that it’s ordering eight companies that offer AI-powered “surveillance service pricing” to turn over information about the potential impact these products have on…

FTC is investigating how companies are using AI to base pricing on consumer behavior

Meta AI, Meta’s AI-powered assistant across Facebook, Instagram, Messenger and the web, can now speak in more languages and create stylized selfies. And, starting today, Meta AI users can route…

Meta AI gets new ‘Imagine me’ selfie feature

Mesa, Arizona-based Rosotics has kept a low profile. From the startup’s website, one would think they are solely focused on selling large metal 3D printers to aerospace and defense customers.…

Rosotics wants to manufacture massive orbital shipyards using 3D printing