Microsoft Argues Legality of GPT-Based Products in Copyright Infringement Lawsuit

Microsoft is leveraging the historical legal battles surrounding the VCR as it defends itself against a copyright infringement lawsuit filed by The New York Times against OpenAI and Microsoft. The Times alleges that Microsoft copied its stories and utilized the data to imitate its writing style. However, Microsoft’s legal team argues that OpenAI’s large language models, such as GPT, are merely the latest in a series of technologies that have legitimate uses despite the potential for copyright abuse.

In its response, Microsoft emphasizes that copyright law has never impeded the development of transformative technologies. The company draws parallels between the VCR and other past innovations, including the player piano, copy machine, personal computer, internet, and search engine. According to Microsoft, these technologies were all subject to concerns about potential copyright infringement. Nonetheless, they were ultimately recognized as legal tools.

Ian Crosby, lead counsel for The New York Times, clarifies that Microsoft does not refute the fact that it collaborated with OpenAI to copy the publication’s stories. The comparison to the VCR, however, confounds the issue. Crosby argues that VCR manufacturers never contended that widespread copyright infringement was necessary to build their products.

Moreover, Microsoft challenges the Times’ assertion that it knowingly induced users to infringe on copyrighted material by providing products based on OpenAI’s GPT model. Microsoft claims that the Times failed to provide evidence of direct infringement by a user of Copilot, thus undermining the contributory infringement theory. The tech giant cites the VCR case, emphasizing that liability cannot be imposed solely on the design or distribution of a product with substantial lawful use.

Additionally, Microsoft refutes the Times’ allegations of violating the Digital Millennium Copyright Act (DMCA) by removing copyright management information from its training data. The company points out that similar claims have been dismissed in past generative AI lawsuits, including one involving well-known author Sarah Silverman.

This copyright infringement lawsuit between The New York Times and OpenAI, alongside Microsoft’s involvement, has significant implications for the future of generative AI. The outcome of this case may influence the trajectory of the industry and shape regulations governing the use of large language models like GPT. OpenAI has also filed a motion to dismiss, claiming that the Times manipulated ChatGPT into reproducing copyrighted material directly.

Frequently Asked Questions (FAQ) – Copyright Infringement Lawsuit: Microsoft, The New York Times, and OpenAI

1. What is the copyright infringement lawsuit about?
The copyright infringement lawsuit is filed by The New York Times against OpenAI and Microsoft. The Times alleges that Microsoft copied its stories and used the data to imitate its writing style.

2. What is Microsoft’s defense in the lawsuit?
Microsoft’s legal team argues that OpenAI’s large language models, such as GPT, are legitimate technologies with lawful uses, despite the potential for copyright abuse. They draw parallels to historical technologies that faced similar concerns, such as the VCR and copy machines.

3. How does Microsoft compare the situation to the VCR and other technologies?
Microsoft emphasizes that past transformative technologies, including the VCR, player piano, personal computer, internet, and search engine, were all subject to concerns about copyright infringement. However, over time, these technologies were recognized as legal tools.

4. What does Ian Crosby, lead counsel for The New York Times, clarify?
Ian Crosby clarifies that Microsoft does not deny copying the publication’s stories in collaboration with OpenAI. However, he argues that comparing the situation to the VCR confuses the issue, as VCR manufacturers did not claim widespread copyright infringement as necessary for their products.

5. How does Microsoft challenge The New York Times’ claims of inducing copyright infringement?
Microsoft claims that the Times failed to provide evidence of direct infringement by users of Copilot. Microsoft cites the VCR case to emphasize that liability cannot be imposed solely on the design or distribution of a product with substantial lawful use.

6. How does Microsoft refute allegations of violating the DMCA?
Microsoft refutes The New York Times’ allegations of violating the Digital Millennium Copyright Act (DMCA) by removing copyright management information from its training data. The company points out that similar claims have been dismissed in past generative AI lawsuits.

7. What are the implications of this lawsuit for generative AI?
The outcome of this lawsuit may significantly impact the future of generative AI. It could influence the trajectory of the industry and shape regulations governing the use of large language models like GPT.

The source of the article is from the blog be3.sk