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Tuesday, April 16, 2024

Microsoft invokes VCRs in movement to dismiss The New York Occasions’s AI lawsuit

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The Occasions sued Microsoft for allegedly copying its tales and utilizing that information to imitate its model, however Microsoft’s legal professionals are actually arguing that OpenAI’s giant language fashions are simply the newest in an extended line of applied sciences which might be thought of authorized regardless of their potential for copyright abuse. “Regardless of The Occasions’s contentions, copyright legislation isn’t any extra an impediment to giant language mannequin than it was to the VCR (or the participant piano, copy machine, private pc, web or search engine),” reads one passage.

Ian Crosby, accomplice at Susman Godfrey and lead counsel for the Occasions, tells The Verge that Microsoft didn’t dispute that it labored with OpenAI to repeat the publication’s tales. “As an alternative, it oddly compares LLMs to the VCR though VCR makers by no means argued that it was mandatory to interact in large copyright infringement to construct their merchandise,” Crosby mentioned. 

Microsoft additionally challenged the Occasions’ allegation that Microsoft knew about and induced customers’ copyright infringement by providing merchandise utilizing OpenAI’s GPT mannequin, arguing that the Occasions by no means gave an instance of direct infringement by a Copilot person. “The Occasions’s contributory infringement concept thus fails on the exact same foundation the problem to the VCR failed 4 many years in the past: It improperly seeks to impose legal responsibility based mostly ‘solely [on] the design or distribution of a product able to substantial lawful use,’” Microsoft’s movement states. 

Microsoft additionally claims the Occasions didn’t show Microsoft violated the Digital Millennium Copyright Act (DMCA) by intentionally eradicating copyright administration data, just like the copyright proprietor’s identify, from its coaching information. Microsoft famous different generative AI lawsuits that used the identical argument because the Occasions had these claims dismissed, like one introduced by authors including Sarah Silverman

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