New York Times Files Lawsuit against Microsoft, OpenAI
TEHRAN (Tasnim) – The New York Times initiated legal action on Wednesday against Microsoft and OpenAI, alleging copyright infringement by their artificial intelligence (AI) platforms, which the newspaper contends pose unfair competition and a threat to the free press and society.
This lawsuit marks a significant move as the first copyright challenge brought by a major American media outlet, according to the Times. Filed in federal court in Manhattan, the newspaper seeks accountability from the defendants for what it describes as the "unlawful copying and utilization of The Times’s uniquely valuable works," demanding compensation amounting to "billions of dollars in statutory and actual damages." Additionally, The Times has requested the destruction of any chatbot models and training data that incorporate its copyrighted material.
The complaint specifically accuses Microsoft and OpenAI of attempting to capitalize on The Times' substantial investment in journalism without proper compensation, asserting that their actions involve the use of The Times’s content to develop products that substitute for the publication, thereby diverting audiences away from it.
Reports indicate that Microsoft's commitment of $13 billion to OpenAI has already integrated some of the latter's technology into its Bing search engine.
Highlighted within the lawsuit is an instance where Browse With Bing, powered by ChatGPT, reportedly showcased results "nearly identical" to content from The Times' Wirecutter product review site. The lawsuit alleges that this replication lacked attribution and omitted referral links used by The Times to generate sales commissions, leading to a tangible loss of revenue for the newspaper.
The Times claims that Microsoft and OpenAI deliberately favored the publication’s journalism due to its perceived reliability and accuracy.
Expressing concern over the broader implications, the complaint emphasizes that without protection for independent journalism, there could be a significant societal impact, resulting in reduced journalistic output and substantial costs to society.
The Times revealed it had attempted to resolve the copyright matter amicably with OpenAI and Microsoft in April, but these efforts were unproductive. Other media entities, such as the Associated Press and Axel Springer, have reportedly reached agreements with OpenAI for the utilization of their content.
Legal representation for the newspaper is provided by Susman Godfrey, the same law firm involved in another lawsuit against Microsoft and OpenAI earlier this month. The firm also represented Dominion Voting Systems in a defamation case against Fox News linked to the 2020 US presidential election.
As of now, Microsoft and OpenAI have not responded to the filed complaint.
