The New York Times vs. Microsoft and OpenAI

The New York Times, one of the most influential and respected newspapers in the world, has filed a lawsuit against Microsoft and OpenAI, two of the most prominent and innovative technology companies in the field of artificial intelligence (AI). The lawsuit accuses the defendants of infringing the Times’ copyrights by using its articles to train and test their AI models, such as Copilot and GPT-4. The lawsuit claims that the defendants have copied and used the Times’ content without authorization or compensation. NYT sues Microsoft and OpenAI over AI and content

Copilot is a code-generating AI tool that was launched by Microsoft and GitHub, a subsidiary of Microsoft, in June 2023. Copilot uses GPT-4, a text-generating AI model developed by OpenAI, to suggest and complete code for programmers based on their inputs. GPT-4 is the latest and most powerful version of OpenAI’s GPT series, which can generate coherent and diverse texts on almost any topic, given a prompt or a context.

The lawsuit alleges that Copilot and GPT-4 have used the Times’ articles as part of their training data, which consists of billions of texts from various sources, such as books, websites, and social media. The lawsuit also alleges that Copilot and GPT-4 have used the Times’ articles as part of their testing data, which consists of texts that are used to evaluate the performance and accuracy of the AI models. The lawsuit argues that the use of the Times’ articles for these purposes constitutes a violation of the Times’ exclusive rights to reproduce, distribute, and display its content. NYT sues Microsoft and OpenAI over AI and content

The lawsuit seeks an injunction to stop Microsoft and OpenAI from using the Times’ articles for their AI models, as well as damages and profits from the defendants. The lawsuit also seeks a declaration that the defendants’ actions are unlawful and infringe the Times’ copyrights. NYT sues Microsoft and OpenAI over AI and content

The lawsuit raises several legal and ethical questions about the use of existing content for AI purposes. For example, does the use of the Times’ articles for training and testing AI models constitute fair use, a legal doctrine that allows limited use of copyrighted material without permission for purposes such as education, research, or criticism? Or does it constitute derivative work, a work that is based on or derived from another work?

Another question is whether the use of the Times’ articles for AI models affects the originality, quality, and credibility of the Times’ content. For instance, does the use of the Times’ articles for AI models create a risk of plagiarism, confusion, or misinformation? Or does it enhance the value and reach of the Times’ content?

The lawsuit alleges that Copilot and GPT-4 have used the Times’ articles as part of their training data, which consists of billions of texts from various sources, such as books, websites, and social media. The lawsuit also alleges that Copilot and GPT-4 have used the Times’ articles as part of their testing data, which consists of texts that are used to evaluate the performance and accuracy of the AI models. The lawsuit argues that the use of the Times’ articles for these purposes constitutes a violation of the Times’ exclusive rights to reproduce, distribute, and display its content. NYT sues Microsoft and OpenAI over AI and content


The lawsuit also highlights the challenges and opportunities of AI for the media industry. On one hand, AI can offer new ways of creating, delivering, and consuming content, such as personalized recommendations, interactive stories, and automated summaries. On the other hand, AI can also pose threats to the media industry, such as competition, disruption, and manipulation.

Copilot is a code-generating AI tool that was launched by Microsoft and GitHub, a subsidiary of Microsoft, in June 2023. Copilot uses GPT-4, a text-generating AI model developed by OpenAI, to suggest and complete code for programmers based on their inputs. GPT-4 is the latest and most powerful version of OpenAI’s GPT series, which can generate coherent and diverse texts on almost any topic, given a prompt or a context.


The lawsuit between the New York Times and Microsoft and OpenAI is likely to be a landmark case that will shape the future of AI and content. The outcome of the lawsuit will have significant implications for the rights and responsibilities of content creators and users, as well as the role and impact of AI in the media landscape.


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