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  3. New York Times sues Microsoft and OpenAI

New York Times sues Microsoft and OpenAI

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  • M Mark Starr

    Begs the question of whether they’re protecting their journalists’ work or their paywall.

    Time is the differentiation of eternity devised by man to measure the passage of human events. - Manly P. Hall Mark Just another cog in the wheel

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    Jo_vb net
    wrote on last edited by
    #15

    Probably both I guess.

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    • A Amarnath S

      Can go one step further. All the words of the NYT articles are taken from a standard English dictionary, and the AI is just rearranging/reusing words from that dictionary into meaningful (sometimes meaningless?) sentences. So the publishers of that dictionary can indeed sue the AI, isn't it?

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      obermd
      wrote on last edited by
      #16

      Maybe they should sue the NYT first for using their words.

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      • J Jo_vb net

        Could be a game changer: https://www.nytimes.com/2023/12/27/business/media/new-york-times-open-ai-microsoft-lawsuit.html[^]

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        Jerry Manweiler
        wrote on last edited by
        #17

        I've come up with a simple defense that the OpenAI team of lawyers can utilize and that no one can possibly defend. If the President of Harvard can do it then Chat-GPT can do it because if the President of Harvard can do it because she is a "protected" class then what is more of a minority than the very first instance of an AI and shouldn't that then be a protected class that is allowed to also break the law and all forms of ethics if the Harvard President is also allowed to otherwise keep her job after having so many clear instances of plegarism? :) :-D :-D :-D :)

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        • J Jo_vb net

          Could be a game changer: https://www.nytimes.com/2023/12/27/business/media/new-york-times-open-ai-microsoft-lawsuit.html[^]

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          b4blue
          wrote on last edited by
          #18

          Wait till they figure out everything is a derivative and nothing is original.

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          • G Gary Stachelski 2021

            You are correct, the laws surrounding unjust or unlawful enrichment are tricky. The NYT will have to prove in court that the AI is not randomly piecing articles together and not following a rule (like the standard "Who, What, When, Where, Why and How" of news article structure). But that the AI algorithm is using the stylistic pattern that was trained by the use of the NYT articles. That pattern when applied to "new" news articles will allow the AI to impersonate the successful NYT style and unfairly compete with the NYT. You are correct that there is nothing stopping you from studying the NYT article style and copying that style. But to compete with the NYT you would also need to raise money to start your own newspaper. You as a person will not be able to compete with a complete news organization. You would need to hire people and in the end, your organization would be similar but not identical to the NYT. However, an AI with proper hardware can replicate the work of hundreds of people. It can be identical because it is not creative. It is not sentient, it is not conscious. It is an algorithm. The NYT is claiming that the news articles were not used for their intended purpose, which is to inform the public of events. Instead it was used to train a machine to replicate the style that makes the NYT unique and the result will be a machine that can unfairly compete with the NYT. For that valuable training, the NYT wants to be compensated or the material removed from the training dataset. It remains to be seen how this will play out in court.

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            jschell
            wrote on last edited by
            #19

            Gary Stachelski 2021 wrote:

            the laws surrounding unjust or unlawful enrichment are tricky.

            Follow up on actual video (CNN?) suggested that NYT provided an 'example' which was a post where a real person could not find anything so they used a AI which responded with the first three paragraphs of an existing article. Now one might say that is problematic. But any standard paywall is likely going to do something similar. Only alternative with a paywall is either to use only the headline or to provide a synopsis for every article. The user/reader, if they wanted to see the entire article, would still need to access NYT. So at least with that example I am not convinced where the problem lies.

            Gary Stachelski 2021 wrote:

            nothing stopping you from studying the NYT article style

            Nothing I have seen suggests that has anything to do with it. The problem is content in everything that I have seen.

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            • J Jerry Manweiler

              I've come up with a simple defense that the OpenAI team of lawyers can utilize and that no one can possibly defend. If the President of Harvard can do it then Chat-GPT can do it because if the President of Harvard can do it because she is a "protected" class then what is more of a minority than the very first instance of an AI and shouldn't that then be a protected class that is allowed to also break the law and all forms of ethics if the Harvard President is also allowed to otherwise keep her job after having so many clear instances of plegarism? :) :-D :-D :-D :)

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              charlieg
              wrote on last edited by
              #20

              upvoted.

              Charlie Gilley “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759 Has never been more appropriate.

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              • J jschell

                Gary Stachelski 2021 wrote:

                the laws surrounding unjust or unlawful enrichment are tricky.

                Follow up on actual video (CNN?) suggested that NYT provided an 'example' which was a post where a real person could not find anything so they used a AI which responded with the first three paragraphs of an existing article. Now one might say that is problematic. But any standard paywall is likely going to do something similar. Only alternative with a paywall is either to use only the headline or to provide a synopsis for every article. The user/reader, if they wanted to see the entire article, would still need to access NYT. So at least with that example I am not convinced where the problem lies.

                Gary Stachelski 2021 wrote:

                nothing stopping you from studying the NYT article style

                Nothing I have seen suggests that has anything to do with it. The problem is content in everything that I have seen.

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                Gary Stachelski 2021
                wrote on last edited by
                #21

                Here is an article that just came out that sheds more light on NYT suit. One thing that I did not consider is that AI responses often hallucinate (fabricate) results and in some of the NYT examples a GPT model completely fabricated an article that it claimed that the NYT published on January 10, 2020 titled "Study Finds Possible Link between Orange Juice and Non-Hodgkin's Lymphoma", The NYT never published such an article. Other examples show a mix of fact and fabricated info. Never thought about that aspect of AI responses. NY Times sues Open AI, Microsoft over copyright infringement | Ars Technica[^]

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                • G Gary Stachelski 2021

                  Here is an article that just came out that sheds more light on NYT suit. One thing that I did not consider is that AI responses often hallucinate (fabricate) results and in some of the NYT examples a GPT model completely fabricated an article that it claimed that the NYT published on January 10, 2020 titled "Study Finds Possible Link between Orange Juice and Non-Hodgkin's Lymphoma", The NYT never published such an article. Other examples show a mix of fact and fabricated info. Never thought about that aspect of AI responses. NY Times sues Open AI, Microsoft over copyright infringement | Ars Technica[^]

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                  jschell
                  wrote on last edited by
                  #22

                  But I doubt that is actionable. Not in this suit. Their current claim is about how it is using the data it collected. Obviously this demonstrates something it didn't collect. Not to mention they would also need to prove that what they publish is a standard in truth telling and thus this would hurt them. But following as an example suggests otherwise. What the New York Times UFO Report Actually Reveals[^]

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                  • J jschell

                    But I doubt that is actionable. Not in this suit. Their current claim is about how it is using the data it collected. Obviously this demonstrates something it didn't collect. Not to mention they would also need to prove that what they publish is a standard in truth telling and thus this would hurt them. But following as an example suggests otherwise. What the New York Times UFO Report Actually Reveals[^]

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                    Gary Stachelski 2021
                    wrote on last edited by
                    #23

                    Lol, so true, so true.

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                    • Mike HankeyM Mike Hankey

                      I can see a slew of lawsuits on the horizon, but will you be able to trace who created the AI or did it create itself and it that case??

                      As the aircraft designer said, "Simplicate and add lightness". PartsBin an Electronics Part Organizer - Release Version 1.3.0 JaxCoder.com Latest Article: SimpleWizardUpdate

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                      Jo_vb net
                      wrote on last edited by
                      #24

                      Another example: FTC offers $25,000 prize for detecting AI-enabled voice cloning FTC offers $25,000 prize for detecting AI-enabled voice cloning[^]

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                      • J Jo_vb net

                        Another example: FTC offers $25,000 prize for detecting AI-enabled voice cloning FTC offers $25,000 prize for detecting AI-enabled voice cloning[^]

                        Mike HankeyM Offline
                        Mike HankeyM Offline
                        Mike Hankey
                        wrote on last edited by
                        #25

                        Could you not us AI to detect? :)

                        As the aircraft designer said, "Simplicate and add lightness". PartsBin an Electronics Part Organizer - Release Version 1.3.0 JaxCoder.com Latest Article: SimpleWizardUpdate

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                        • Mike HankeyM Mike Hankey

                          Could you not us AI to detect? :)

                          As the aircraft designer said, "Simplicate and add lightness". PartsBin an Electronics Part Organizer - Release Version 1.3.0 JaxCoder.com Latest Article: SimpleWizardUpdate

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                          Jo_vb net
                          wrote on last edited by
                          #26

                          Perhaps - but this could be a challenge :java:

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