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How New York Times' Lawsuit Over AI Software Copying Differs From Prior Copyright Complaints
[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.
How Secure Is the AI System Your Law Firm Is Using?
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.