A federal judge today denied OpenAI’s motion to dismiss a copyright infringement lawsuit by The New York Times, a major development in a closely watched case that will test the limits of what AI firms can use, and how, to train their large language models.
“The Court hereby denies (1) OpenAI’s motions to dismiss the direct infringement claims involving conduct occurring more than three years before the complaints were filed; (2) the defendants’ motions to dismiss the contributory copyright infringement claims; and (3) the defendants’ motions to dismiss the state and federal trademark dilution claims in the Daily News action,” wrote Judge Sidney H. Stein of U.S. District Court for the Southern District of New York.
The case was filed last year and the decision followed oral arguments in January. Judge Stein did not issue an opion today but said he will do soon “setting forth the reasons for this ruling.”
He dismissed several other claims, narrowing the scope of the suit againt OpenAI and its partner and investor Microsoft, by the NYT as well as the Daily News LP, and The Center for Investigative Reporting.
As AI advances at warp speed, firms are in need of copious amounts of content to feed and build their models. Companies like OpenAI and Google have basically argued — most recently this month in response to a Trump administration comment period as it shapes AI policy — that current copyright safeguards are too restrictive and will inhibit the growth of U.S. AI, giving China a lead in an era-defining technology.
Hundreds of alarmed Hollywood creatives sent the White House a letter in response warning of the danger to a the entertainment industry if copyright is not honored.
Tech firms do agree that content owners should receive some compensation but it’s not clear how much or under what framework.
The NYT says the law is there, the framework is there — in existing copyright rules.
OpenAI CEO Sam Altman sparred with New York Times’ Andrew Ross Sorkin about the suit at a conference late last year.
According to Altman then: “We need to find new economic models where creators will have new revenue streams … That said, “The New York Times is on the wrong side of this suit.”
“We will discuss and debate this, in court,” responded Sorkin.
It appears so.
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