In December, the New York Times fired an early shot in the battle over whether it is legal for artificial intelligence engines such as OpenAI’s ChatGPT to scrape content from the web as fodder for their databases. The Times made clear that it believes the answer is no: the paper sued OpenAI and Microsoft, which has partnered with the company, claiming that their tools used millions of Times articles to train “automated chatbots that now compete with the news outlet as a source of reliable information,” and that, in doing so, they were trying to “free-ride” on the Times‘ investment in journalism. The lawsuit, which I wrote about for CJR back in January, claimed that OpenAI and Microsoft were responsible for “billions of dollars” in damages, and that they should be forced to destroy any data that was based on copyrighted material scraped from the Times.
Last week, eight newspapers owned by Alden Global Capital—the New York Daily News, the Chicago Tribune, the Orlando Sentinel, the South Florida Sun Sentinel, the San Jose Mercury News, the Denver Post, the Orange County Register, and the St. Paul Pioneer Press—filed a similar lawsuit against OpenAI and Microsoft claiming copyright infringement, in the same New York court district where the Times made its complaint. The Alden papers did not follow entirely in the Times’ footsteps: A source told Axios that the Alden papers chose to sue OpenAI without first trying to negotiate a licensing deal with the company, a route that the Times pursued prior to taking legal action. But they did join a growing club: since the Times filed suit against OpenAI, Raw Story, Alternet, and The Intercept have done likewise, citing similar grounds. Those sites are reportedly seeking damages of at least two thousand five hundred dollars per violation.
The Alden complaint accuses OpenAI and Microsoft of using millions of its papers’ articles to train AI products, including ChatGPT and Microsoft’s Copilot, without permission. Much like the Times‘ lawsuit, Alden’s claim doesn’t specify a desired amount of monetary damages, but says that the publishers are entitled to compensation for the illegal use of their content. The Alden suit also echoes the Times’ in claiming that ChatGPT and Copilot have regularly reproduced the entire text of articles from Alden papers in response to users’ prompts—and that, in most cases, those engines did not link back to the original source, depriving the publishers of revenue.
Note: this post was originally published as the daily newsletter for the Columbia Journalism Review, where I am the chief digital writer
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