OpenAI fails to dismiss New York Times copyright claims

In the ongoing legal battle between the New York Times and OpenAI, a pivotal moment occurred when U.S. District Judge Sidney Stein ruled against OpenAI's attempt to dismiss the New York Times' copyright claims. The lawsuit, filed in December 2023, alleged that the outputs from ChatGPT, OpenAI's language model, violate copyrights by reproducing portions of the newspaper's articles. During the proceedings, Judge Stein expressed skepticism toward OpenAI's argument that the New York Times should have been aware of potential copyright infringements two years prior, emphasizing that OpenAI must demonstrate that the newspaper knew about these infringements before ChatGPT was launched in November 2022. The judge underscored that the mere discussion of OpenAI's AI training by a Times reporter does not establish that the Times was aware of how ChatGPT might affect its copyrighted material. This finding supported the notion that OpenAI carries the burden of proof regarding the New York Times' knowledge of any possible copyright violations. Furthermore, Judge Stein dismantled OpenAI's assertion that it was common knowledge that ChatGPT had been trained on the Times' articles, reiterating the need for concrete evidence to support such claims. In addition to the dismissal arguments, the New York Times also claimed that OpenAI contributed to users infringing on its copyrights, a contention that the judge deemed plausible based on the evidence presented. The Times provided over 100 pages of examples showcasing how ChatGPT's outputs could potentially regurgitate sections of paywalled news articles, suggesting that OpenAI might possess constructive knowledge of such infringements. Notably, the Times had informed OpenAI about its concerns regarding copyright violations, which bolstered the newspaper's position that the AI company could have actual knowledge of infringement. While some claims against OpenAI were dismissed—including those related to non-attribution and the removal of copyright management information—Judge Stein's ruling signals a significant hurdle for OpenAI as the case progresses. The judge's statement reflects the broader implications of AI technologies concerning copyright law, raising critical questions about the intersection of innovation and intellectual property rights. As the case unfolds, the New York Times remains determined to pursue all remaining copyright claims against both OpenAI and Microsoft, further emphasizing the ongoing tension between traditional media and emerging AI technologies.