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How New York Times' Lawsuit Over AI Software Copying Differs From Prior Copyright Complaints

By Isha Marathe
February 01, 2024

[Editor's Note: This article analyzes the copyright infringement case that The New York Times filed over OpenAI software shortly after our article "Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs" was filed for our January 2024 issue.]

The New York Times' copyright infringement lawsuit against OpenAI and Microsoft is said to be AI's "Napster Moment." But observers are torn about the case's legal merits, citing differing views around how exactly AI "Large Language Models" (LLMs) are trained.

The New York Times sued the poster child of AI startups OpenAI and its partner Microsoft for copyright infringement in the U.S. District Court for the Southern District of New York. While it is not the first content creator to do so, the NYT lawsuit has captured much attention for being, by some observers' estimation, the strongest copyright action against OpenAI yet.

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