Microsoft has now filed its response to the recent lawsuit from the New York Times launched back in December 2023. The major newspaper and website claims Microsoft and OpenAI violated its copyrights by training its ChatGPT and Copilot large language models with its content and removing links to the original articles and its advertising affiliate links.
The Times, ironically, reported on Microsoft's response to the lawsuit, which was filed on Monday in the U.S. District Court for the Southern District of New York. Microsoft said the court should dismiss parts of the Times' lawsuit because they didn't show how the newspaper was being harmed by its generative AI services.
Microsoft tried to claim that training LLMs on other content, such as the Times articles, was similar to using videocassette recorders and tapes to record and copy films and TV shows.
Soon after VCRs were launched, Hollywood movie makers filed lawsuits against Sony over its Betamax player, claiming that it was violating the studios's copyrights with its ability to record movies and shows. However, the courts ruled in favor of Sony, arguing that fair use rules allowed consumers to copy content on videotapes for their personal use.
A few days ago, OpenAI filed its own response to the Times' lawsuit against it. The company claimed that the Times deliberately attempted to exploit a bug in ChatGPT, which helped to create the responses that the Times cites as proof that OpenAI violated its copyrights.
With both OpenAI and Microsoft filing their responses to the Times' lawsuit, the case now moves into another phase as lawyers for all three sides will likely proceed with more filings and court appearances before some kind of decision is reached. It could turn out to be a very important legal battle over the use of AI training of LLMs on outside content.
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