OpenAI could be fined up to $150,000 for each piece of infringing content:
Weeks after The New York Times updated its terms of service (TOS) to prohibit AI companies from scraping its articles and images to train AI models, it appears that the Times may be preparing to sue OpenAI. The result, experts speculate, could be devastating to OpenAI, including the destruction of ChatGPT's dataset and fines up to $150,000 per infringing piece of content.
NPR spoke to two people "with direct knowledge" who confirmed that the Times' lawyers were mulling whether a lawsuit might be necessary "to protect the intellectual property rights" of the Times' reporting.
Neither OpenAI nor the Times immediately responded to Ars' request to comment.
If the Times were to follow through and sue ChatGPT-maker OpenAI, NPR suggested that the lawsuit could become "the most high-profile" legal battle yet over copyright protection since ChatGPT's explosively popular launch. This speculation comes a month after Sarah Silverman joined other popular authors suing OpenAI over similar concerns, seeking to protect the copyright of their books.
[...] In April, the News Media Alliance published AI principles, seeking to defend publishers' intellectual property by insisting that generative AI "developers and deployers must negotiate with publishers for the right to use" publishers' content for AI training, AI tools surfacing information, and AI tools synthesizing information.
Previously:
Sarah Silverman Sues OpenAI, Meta for Being "Industrial-Strength Plagiarists" - 20230711
Related:
The Internet Archive Reaches An Agreement With Publishers In Digital Book-Lending Case - 20230815
(Score: 2) by Mykl on Wednesday August 23 2023, @11:11PM
I think the NYT might have a case where they could claim that all ChatGPT output is a derivative work of their original material. Given that the source data has been put through a neural blender, it would be possible to argue that NYT material is present (in a derivative form) in every single ChatGPT output.
At least, that's what I'd argue if I was a lawyer.
I agree with others though - this is only an issue for them now that ChatGPT is a potential money machine.