this post was submitted on 08 Jan 2024
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True. I fully expect that the court will rule against OpenAI here, because it very obviously does not meet any fair use exemption.
For that to work, NYT has to prove OpenAI is copying their words verbatim, not just their style.
If the AI isn't outputting a string of words that can be found on an NYT article, they don't stand a chance
Tell me you haven't actually read legal opinions on the subject without telling me...
I'm not aware of any federal case law on copyright and AI. Happy to read some if you have a suggestion.
Case law hasn't been defined yet, but lawyers who have litigated copyright or worked at the office have written on the topic:
https://www.eff.org/deeplinks/2023/04/how-we-think-about-copyright-and-ai-art-0
https://docs.house.gov/meetings/JU/JU03/20230517/115951/HHRG-118-JU03-Wstate-DamleS-20230517.pdf