Three major news publishers have filed lawsuits against OpenAI and Microsoft, accusing the companies of concealing copyright infringement by intentionally removing information, such as the author and title of articles. The Intercept, Raw Story, and Alternet are taking legal action in New York federal court, claiming that OpenAI and Microsoft knew that their tool, ChatGPT, could lead to copyright liability if users believed it violated copyrights.
The lawsuits represent a shift in strategy, as publishers are increasingly concerned about the competitive threat that AI poses to the media industry. Some publishers have accepted offers from AI companies to use their articles as training materials, while others, like The New York Times, have chosen to fight in court.
The complaints allege that ChatGPT provides responses that regurgitate material from copyright-protected works without providing essential information, potentially facilitating copyright infringement. While the lawsuits do not specifically allege infringement, they focus on the intentional removal of copyright management information, which is prohibited under the Digital Millennium Copyright Act and carries statutory damages of $2,500 per violation.
Although similar claims have been dismissed in the past due to a lack of evidence, the publishers are pursuing legal action to establish themselves as leading advocates for protecting copyright management information. OpenAI has moved to dismiss the lawsuits, arguing that its tools are not intended or used as substitutes for news subscriptions.
The legal battle between news publishers and artificial intelligence companies highlights the complex issues surrounding copyright and AI technology. As the cases progress, the outcomes could have far-reaching implications for the media industry and the use of AI in content creation.
