OpenAI asked a judge to dismiss parts of the copyright infringement lawsuit filed by The New York Times arguing that, among other things, The New York Times hired someone to hack OpenAI in order to fabricate a basis for presenting the demand
OpenAI filed a motion to dismiss all or part of four counts in the lawsuit filed by The New York Times.
The New York Times allegedly hired someone to hack OpenAI
Among the explanations for why parts of the lawsuit should be dismissed include the claim that The New York Times hired someone to specifically “hack” OpenAI in a way that a normal person would never use OpenAI and in violation of the terms of use.
According to OpenAI:
“The truth, which will come out in the course of this case, is that the Times paid someone to hack OpenAI’s products. It took tens of thousands of attempts to generate the highly anomalous results that make up Exhibit J in the complaint
They were only able to do this by targeting and exploiting a bug (which OpenAI has committed to fixing) through misleading directions that blatantly violate OpenAI’s terms of use.”
OpenAI continues to claim that The New York Times took extraordinary steps that were in no way the normal way to use OpenAI’s products in order to obtain “textual passages” from The New York Times, including providing portions of the text that they were trying to get OpenAI to reproduce.
They also call the New York Times’ allegations that the news industry is threatened by OpenAI “pure fiction,” saying:
“Normal people don’t use OpenAI products in this way. The Times’ suggestion that the gimmicky attacks of its gun-for-hire show that the Fourth Estate is somehow endangered by this technology is pure fiction.
So is his implication that the mass public might imitate their agent’s aberrant activity.”
The part about “aberrant activity of its agent” is a reference to the “gun for hire” that OpenAI claims the New York Times used to create a situation where OpenAI emits verbatim text.
The OpenAI filing implies that the New York Times is trying to “monopolize the facts” and the “rules of language,” which is a reference to the idea that using text data to train AI models, which then generate new content, it does not infringe copyright because this is transformative use.
Consequence of allegations against NYTimes
Artists find it difficult in court to argue copyright infringement because AI is increasingly seen as transformative, which is the principle by which copyrighted material is transformed with new meaning or reused as in a parody, a commentary or by creating something entirely new.
The Electronic Frontier Foundation says about the transformative use principle:
“The law favors ‘transformative’ uses (commentary, whether complimentary or critical, is better than direct copying), but courts have said that even putting a part of an existing work into a new context (like now a thumbnail in an image search engine) counts as a “transformer”.
If OpenAI’s allegations against The New York Times are true, what do you think the chances are that OpenAI will prevail and the current state of AI will remain?
Featured image by Shutterstock/hakanyalicn
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