OpenAI responds to the NYT

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OpenAI has publicly responded to a copyright infringement lawsuit filed by The New York Times (NYT), claiming that the lawsuit is without merit. The lawsuit, which was filed in late December 2023, accuses OpenAI and Microsoft of using the NYT's copyrighted articles without proper permission to train their generative AI models, which the NYT contends constitutes direct copyright infringement. In its response, OpenAI has argued that using publicly available internet materials for AI model training is fair use, a principle supported by long-standing and widely accepted precedents. OpenAI also claims that the NYT "intentionally manipulated" prompts to elicit "plagiaristic" responses from OpenAI's models, suggesting that the examples provided by the NYT were not representative of typical model behavior. OpenAI maintains that any single data source, including content from the NYT, is not significant for the model's training and that the instances of content regurgitation cited by the NYT were rare bugs. Furthermore, OpenAI has emphasized its support for journalism and its partnerships with news organizations, stating that it has offered an "opt-out process" to prevent their tools from accessing certain content and that it is continually working to make its systems more resistant to adversarial attacks that could lead to regurgitation of training data. OpenAI has also highlighted its collaborations with other news outlets, such as the Associated Press and Axel Springer, to provide AI-assisted tools for journalists and explore mutually beneficial opportunities. The outcome of this lawsuit could have significant implications for the AI industry, digital content creation, the future of journalism, and the boundaries of fair use in the digital age.
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