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Judge calls out OpenAI’s “straw man” argument in New York Times copyright suit (arstechnica.com)

submitted 3 days ago by [email protected] to c/[email protected]

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After The New York Times sued OpenAI in December 2023—alleging that ChatGPT outputs violate copyrights by regurgitating news articles—the ChatGPT maker tried and failed to argue that the claims were time-barred.

According to OpenAI, the NYT should have known that ChatGPT was being trained on its articles and raised its lawsuit in 2020, partly because of the newspaper's own reporting. To support this, OpenAI pointed to a single November 2020 article, where the NYT reported that OpenAI was analyzing a trillion words on the Internet. But on Friday, US district judge Sidney Stein disagreed, denying OpenAI's motion to dismiss the NYT's copyright claims partly based on one NYT journalist's reporting.

In his opinion, Stein confirmed that it's OpenAI's burden to prove that the NYT knew that ChatGPT would potentially violate its copyrights two years prior to its release in November 2022. And so far, OpenAI has not met that burden.

"The fact that one of The Times’s reporters discussed OpenAI’s" AI training fails to make it clear that the newspaper knew that ChatGPT outputs years later could possibly regurgitate the NYT's reporting, Stein explained.

I can't imagine being a judge assigned a case like this knowing that the verdict could have huge implications once the appeals process is exhausted.

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[–] [email protected] 11 points 2 days ago

Basically, yeah. If the rest of their arguments are this weak, OpenAI is fucked, and deservedly so.