AI Litigation Spotlight: 'NYT v. OpenAI' | New York Law Journal
Of the many early genAI cases working their way through trial courts, the one that stands out is New York Times Co. v. Microsoft because of its carefully crafted complaint and actual examples of verbatim reproductions of NYT content produced by ChatGPT. Now that the parties have completed briefing on two motions to dismiss (one by OpenAI and the other by Microsoft), it’s worth pausing to assess what’s at stake, and what lies ahead, in this important case.
The first wave of copyright litigation concerning generative artificial intelligence (GenAI) is well underway. Of the many early cases working their way through trial courts, one that stands out is New York Times Co. v. Microsoft, No. 1:23-cv-11195 (S.D.N.Y). In part, because the Times’s complaint includes two distinguishing features missing from other complaints: a detailed description of how OpenAI trains its large language model, GPT-4; and actual examples of verbatim reproductions of NYT content produced by ChatGPT, its GPT-4 powered consumer-facing chatbot. The complaint is compelling enough that OpenAI was moved to post a lengthy response on its website, before even filing a responsive pleading.
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