Yesterday, a lawsuit was filed by eight daily newspapers, including the New York Daily News and the Chicago Tribune, against OpenAI and Microsoft. The lawsuit alleges that the companies used the newspapers’ content to train artificial intelligence systems like ChatGPT without proper authorization or compensation. This case marks a growing concern among news organizations about the impact of AI on the traditional news industry, which has already been struggling with decreasing advertising and subscription revenues.
The newspapers, all under the ownership of Alden Global Capital, argue that their journalistic content was copied by OpenAI “with impunity.” The suit highlights instances where ChatGPT misattributed or fabricated information in its responses. For example, ChatGPT falsely claimed that the Chicago Tribune endorsed a product linked to infant fatalities, and it incorrectly cited the Denver Post as saying smoking could cure asthma. These errors, according to the lawsuit, not only spread misinformation but also potentially damage the newspapers’ credibility.
OpenAI, in its defense, maintains that it has taken measures to support news organizations and believes AI can enhance the news experience by deepening reader engagement. Microsoft, a major supporter of OpenAI, has not commented on the allegations.
The legal action requests not only monetary damages but also seeks a halt to the use of copyrighted material by the tech giants. Additionally, it demands the destruction of any AI models that incorporate the newspapers’ published works, a process experts like Gary Marcus, a psychology professor at New York University, describe as nearly impossible without fundamentally rebuilding the AI models, which could be prohibitively expensive and complex.
This lawsuit is not an isolated incident but part of a broader legal challenge involving other news publishers like The New York Times, which has also filed a lawsuit against OpenAI. These cases could set precedents in copyright law, particularly regarding how AI companies use copyrighted content in their data-driven technologies. Legal experts predict a lengthy judicial process to determine the legitimacy of such AI practices under copyright law, which remains a gray area.
Meanwhile, some publishers have chosen to negotiate directly with AI companies. For instance, The Financial Times and Axel Springer have entered into licensing agreements with OpenAI, suggesting a possible revenue-sharing model could be an alternative solution.
The outcome of this and similar lawsuits could have far-reaching implications for the AI industry and media companies. They raise fundamental questions about the balance between technological innovation and copyright protection, the responsibility of AI developers in handling data, and the potential changes in how news is consumed and monetized in the AI era. As the legal battles unfold, they will likely influence how AI technologies are developed and regulated, and how the media industry adapts to these new challenges.
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