Microsoft Seeks Dismissal of Copyright Lawsuit by The New York Times

Microsoft has filed a motion in federal court to dismiss parts of a copyright infringement lawsuit brought against the company by The New York Times Company. The lawsuit, filed on December 27, accuses Microsoft and its partner OpenAI of using Times articles to train their AI technologies, including the popular chatbot ChatGPT. Microsoft argues that the use of large language models (LLMs), such as chatbots, does not replace the market for news articles they were trained on.

In its motion, Microsoft draws a comparison between LLMs and videocassette recorders (VCRs), stating that both technologies are allowed under copyright law. The motion contends that copyright law does not impede the use of LLMs any more than it did for VCRs, player pianos, copy machines, personal computers, the internet, or search engines.

The case evokes memories of the late 1970s when movie studios sued Sony over its Betamax VCR, claiming it would facilitate illegal copying of movies and TV shows. Ultimately, the courts ruled that personal copying of content for viewing purposes fell under fair use.

Microsoft’s motion aligns with a similar one filed by OpenAI, asserting that The New York Times did not provide evidence of actual harm. The Times argued that its revenue was adversely affected if readers used Microsoft’s chatbot to explore recommendations from Wirecutter, a review site owned by The Times, instead of clicking referral links. Microsoft countered that the lawsuit failed to demonstrate a significant diversion of revenue from Wirecutter.

It is worth noting that The New York Times is the first major American media company to sue Microsoft and OpenAI over copyright issues related to their written works. Other copyright suits have been filed by writers, coders, and various groups against companies that develop generative AI technologies.

While Microsoft claims fair use, citing the transformative nature of chatbots, it does not seek to dismiss arguments against fair use and plans to address these concerns at a later stage. Neither Microsoft nor The New York Times has provided immediate comments on the matter.

In conclusion, Microsoft’s motion aims to challenge the allegations made by The New York Times, arguing that the use of Times articles to train AI technologies is legally permissible and does not harm the market for news articles. The outcome of this copyright lawsuit will have implications not only for Microsoft and OpenAI but also for other companies operating within the field of generative AI.

FAQ:

1. What is the copyright infringement lawsuit against Microsoft by The New York Times Company?
– The lawsuit alleges that Microsoft and OpenAI have used Times articles to train their AI technologies, including the chatbot ChatGPT.

2. What does Microsoft argue in its motion to dismiss parts of the lawsuit?
– Microsoft argues that the use of large language models (LLMs), like chatbots, does not replace the market for news articles they were trained on. They compare LLMs to videocassette recorders (VCRs) and state that both technologies are allowed under copyright law.

3. What is the comparison to the late 1970s Betamax VCR case?
– The case recalls the lawsuits against Sony over its Betamax VCR, where movie studios claimed it would facilitate illegal copying of content. The courts ruled that personal copying of content for viewing purposes fell under fair use.

4. What is OpenAI’s position regarding the lawsuit?
– OpenAI also filed a motion asserting that The New York Times did not provide evidence of actual harm caused by their AI technologies. They argue against a significant diversion of revenue from Wirecutter, a review site owned by The Times.

5. Has Microsoft claimed fair use?
– Yes, Microsoft claims fair use, citing the transformative nature of chatbots. However, they plan to address concerns against fair use at a later stage.

Definitions:

– LLMs: Large language models used in AI, such as chatbots.
– VCRs: Videocassette recorders that allow recording and playback of videos.
– Fair use: A legal doctrine that allows the limited use of copyrighted material without permission from the copyright holder.

Related Links:

Microsoft
OpenAI
The New York Times Company

The source of the article is from the blog radiohotmusic.it

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