OpenAI and Microsoft face yet another lawsuit, this time from two non-fiction authors who allege that their copyrighted works were stolen to build a lucrative artificial intelligence (AI) system. Nicholas Basbanes and Nicholas Gage have filed a lawsuit in a Manhattan federal court, claiming that OpenAI’s system relies heavily on ingesting vast amounts of written material, including books authored by the duo. They argue that OpenAI and Microsoft are no different from common thieves and seek to represent a class of writers whose work has been systematically pilfered by the companies.
This legal action comes on the heels of a separate lawsuit against OpenAI and Microsoft filed by The New York Times (NYT). The newspaper accused the two tech giants of using millions of NYT articles to train their automated chatbots. Together, these lawsuits raise serious questions about intellectual property rights and the appropriation of authors’ works for commercial gain.
The authors estimate that the affected class of writers could number in the tens of thousands, seeking damages of up to $150,000 per infringed work. Their lawyer Mike Richter, who is also Basbanes’ son-in-law, described OpenAI’s unauthorized use of copyrighted work as outrageous and drew an analogy to a homeowner refusing to pay for essential materials hidden behind the walls of a house simply because they are not visible.
It is worth noting that OpenAI has faced similar allegations in the past. In September of last year, the company was sued by renowned non-fiction authors, including George RR Martin, famous for his novel series A Song of Ice and Fire, which was adapted into the popular television series Game of Thrones. These authors also accused OpenAI of copyright infringement.
The lawsuits highlight the ethical and legal challenges surrounding the use of copyrighted material in AI development. As AI systems become increasingly sophisticated and capable of generating human-like content, the boundaries of intellectual property laws are being tested. The outcome of these lawsuits could have far-reaching implications for the industry as a whole.
Both OpenAI and Microsoft have yet to publicly respond to the allegations made by these authors. It remains to be seen how these legal battles will unfold and whether they will prompt discussions and changes regarding the use of copyrighted works in AI development.