OpenAI Responds to Lawsuit by The New York Times: A Deeper Look into Copyright Claims and AI Training

OpenAI responds to NYT's legal action, declaring it unfounded and reaffirming their dedication to ethical AI principles.

In a recent blog post, OpenAI, the renowned artificial intelligence (AI) developer, addressed a lawsuit brought against it by The New York Times (NYT), stating that the lawsuit is “without merit.” OpenAI also took the opportunity to shed light on its collaboration efforts with various news organizations.

According to OpenAI’s blog post, they were engaged in constructive discussions with the NYT before the surprise lawsuit was filed on December 27. OpenAI expressed disappointment at learning about the lawsuit through The New York Times itself, rather than through direct communication.

The lawsuit, filed against OpenAI and Microsoft, accuses the companies of unauthorized use of NYT’s content for training AI chatbots. OpenAI, in its rebuttal, firmly disagrees with the claims made by the NYT and sees this as an opportunity to clarify its business practices, intent, and technological advancements.

Let’s dive deeper into this issue and explore the claims made by OpenAI and the concerns raised by the NYT.

OpenAI’s Arguments: Collaboration, Fair Use, Fixes, and the Full Story

OpenAI outlined four key claims to support its position against the lawsuit. Let’s break them down:

1. Collaboration with News Organizations

OpenAI emphasizes its active collaboration with news organizations and the opportunities it creates for the news industry. The company is dedicated to forging partnerships and working together with media giants like German-based Axel Springer to tackle AI “hallucinations.” OpenAI also mentioned its engagement with the News/Media Alliance, an organization focused on exploring opportunities, addressing concerns, and providing solutions.

2. Training as “Fair Use” with an Opt-Out Option

OpenAI asserts that its training practices fall under “fair use,” meaning they are legal and permissible under copyright law. However, in the spirit of transparency and ethics, OpenAI has implemented an “opt-out process” for publishers. This process prevents OpenAI’s tools from accessing content on the websites of publishers who have chosen to opt-out. The New York Times itself adopted this opt-out process in August 2023.

3. Fixing the “Rare Bug” of Content Regurgitation

OpenAI acknowledges that there have been instances of content “regurgitation” by its models, but they emphasize that it is a rare bug and they are actively working to fix it. The company is committed to making its systems more resistant to adversarial attacks and has already made significant progress in recent models.

4. The NYT’s Incomplete Narrative

OpenAI claims that The New York Times is not telling the “full story.” While they don’t go into specific details, this suggests that there may be additional information or perspectives that have not been adequately represented in the lawsuit or the media coverage surrounding it.

The New York Times’ Concerns and Claims

The New York Times filed the lawsuit against OpenAI and Microsoft, alleging unauthorized use of its content for AI training. The NYT argues that their website,, is one of the most heavily used proprietary sources by AI models, ranking just below Wikipedia and a database of U.S. patent documents. They assert that OpenAI and Microsoft have not sought permission or properly compensated them for their intellectual property.

The NYT claims to have reached out to OpenAI and Microsoft in April 2023 to address their concerns over intellectual property and explore the possibility of a resolution. However, according to the NYT, these attempts have been unsuccessful.

A Clash of Copyrights and AI Technological Advancements

Legal experts have hailed The New York Times’ case as the “best case yet” that accuses generative AI of committing copyright infringement. However, OpenAI contends that any unauthorized use of content claimed by the NYT is not reflective of typical or allowed user activity. OpenAI emphasizes that its AI-generated content is not a substitute for The New York Times’ original reporting and that they are committed to ensuring their systems are resistant to adversarial attacks.

Ultimately, OpenAI regards The New York Times’ lawsuit as baseless and remains hopeful for a constructive partnership with the news organization, acknowledging its long-standing history and contributions to journalism.

Q&A: Addressing Additional Reader Concerns

Q: Is OpenAI’s training method legal and ethical?

A: OpenAI asserts that its training practices fall within the bounds of “fair use” and actively collaborates with news organizations to address ethical concerns. However, the lawsuit raises questions about the specific use of The New York Times’ content without proper authorization.

Q: How is OpenAI addressing the bug of content regurgitation?

A: OpenAI acknowledges that content regurgitation has been a rare bug in their models. However, they are actively working on fixing the issue and making their systems more resilient to adversarial attacks.

Q: What are the implications of this lawsuit on the AI industry?

A: The lawsuit highlights the growing legal and ethical challenges surrounding AI and copyright infringement. It serves as a reminder that AI developers need to navigate the usage of copyrighted content carefully to avoid legal disputes.

This lawsuit between OpenAI and The New York Times spotlights significant issues at the intersection of AI, news organizations, and copyright law. As AI technology continues to evolve, striking a balance between innovation and respecting intellectual property rights becomes crucial.

While it remains to be seen how this particular case will unfold, it underscores the importance of establishing clear guidelines and collaboration between AI developers and news organizations, ensuring a sustainable and respectful integration of AI in the field of journalism.

Join the conversation and share your thoughts on this topic! 🗣️💭 What do you think about the legal challenges AI developers face in using copyrighted content for training? How can news organizations and AI developers find common ground? Share your insights and let’s explore the future of AI in journalism together.

References: 1. Original Blog Post – OpenAI Responds to Lawsuit 2. The Lawsuit by The New York Times – Analysis 3. AI Models Trained on News Publisher Data – Report by News/Media Alliance 4. Collaboration with German Media Giant – Integration with Axel Springer 5. “AI-Generated News Anchors by 2024” – Future Outlook 6. Copyright Infringement Claims – AI and Mickey Meme Coin 7. Magazine: ‘AI has killed the industry’ – Adapting to Change

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