Legal Filing: OpenAI and Microsoft Knew They Were Stealing
A new legal filing in The New York Times' copyright infringement lawsuit against OpenAI and Microsoft alleges executives at both companies knew they were stealing content. The filing claims they copied millions of articles without permission to train AI models. Internal communications from OpenAI's head of ChatGPT and cofounder Greg Brockman, plus Microsoft CEO Satya Nadella, reportedly confirm that AI models are "largely substitutive" of news content. The New York Times is requesting a summary judgment of liability for content theft and sharing between the two tech giants.
The New York Times lawsuit against OpenAI and Microsoft is not about fair use. Internal documents, including a Microsoft executive's admission of "astonishing theft of unprecedented proportions," show both companies knew they were breaking copyright law. OpenAI's head of ChatGPT called their models an "existential threat" to news publishers. This undercuts any defense that AI models merely transform content.
This case sets a precedent for Asian AI developers. Companies like Alibaba, Baidu, and Tencent are also training LLMs on vast datasets. They must now consider the legal risks of content acquisition. A ruling against OpenAI and Microsoft will force a re-evaluation of data sourcing strategies across the region. This could increase licensing costs for high-quality content.
The thing to watch is how Asian regulators respond. China's deepfake rules already address content generation. This lawsuit could push for clearer guidelines on training data in other markets. Expect increased scrutiny on how local AI firms acquire and use copyrighted material in the next 12 months.
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