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New Lawsuit Ropes Microsoft Into OpenAI’s Legal Battle With Authors Over Training Data
(www.hollywoodreporter.com)
this post was submitted on 21 Nov 2023
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This is the best summary I could come up with:
The suit, filed in New York federal court on Tuesday, thrusts the tech giant into the unfolding legal battle for the alleged “rampant theft” of copyrighted material to fuel one of the most promising start-ups in Silicon Valley.
Through that process and its decision to invest $13 billion into the firm, Sancton says that Microsoft should’ve also become aware its partner was engaging in “largescale copyright infringement” in violation of intellectual property laws.
The issue remains contested, though authors may have an easier time offering evidence of copying since they can point to ChatGPT responses confirming examples of work that were incorporated into training data.
Shortly after its release, the AI tool confirmed, “Yes, Julian Sancton’s book ‘Madhouse at the End of the Earth’ is included in my training data,” according to the complaint, which notes that ChatGPT has been modified to avoid divulging such details.
In the complaint, Sancton presses arguments that the alleged misconduct was “manifestly unfair use” since users may substitute buying his book with reviewing ChatGPT’s content on his work to learn from his writing style.
The allegations are intended to leverage the Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith, which effectively reined in the scope of the fair use defense to copyright infringement.
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