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OpenAI claims The New York Times tricked ChatGPT into copying its articles (www.theverge.com)

submitted 11 months ago* (last edited 11 months ago) by [email protected] to c/[email protected]

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OpenAI has publicly responded to a copyright lawsuit by The New York Times, calling the case “without merit” and saying it still hoped for a partnership with the media outlet.

In a blog post, OpenAI said the Times “is not telling the full story.” It took particular issue with claims that its ChatGPT AI tool reproduced Times stories verbatim, arguing that the Times had manipulated prompts to include regurgitated excerpts of articles. “Even when using such prompts, our models don’t typically behave the way The New York Times insinuates, which suggests they either instructed the model to regurgitate or cherry-picked their examples from many attempts,” OpenAI said.

OpenAI claims it’s attempted to reduce regurgitation from its large language models and that the Times refused to share examples of this reproduction before filing the lawsuit. It said the verbatim examples “appear to be from year-old articles that have proliferated on multiple third-party websites.” The company did admit that it took down a ChatGPT feature, called Browse, that unintentionally reproduced content.

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[–] [email protected] -3 points 11 months ago

17 USC § 106, exclusive rights in copyrighted works:

Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

Clearly, this is capable of reproducing a work, and is derivative of the work. I would argue that it's displayed publicly as well, if you can use it without an account.

You could argue fair use, but I doubt this use would meet any of the four test factors, let alone all of them.