OpenAI and Microsoft respond to the Times while Musk also sues OpenAI

In December, the New York Times filed a lawsuit against OpenAI—the creator of the popular artificial intelligence software known as ChatGPT—and Microsoft, one of OpenAI’s primary financial backers and partners. As reported by the Times, the suit alleged that OpenAI used millions of Times articles to train “automated chatbots that now compete with the news outlet as a source of reliable information” by reproducing Times articles. By doing this, the suit argued, OpenAI was trying to “free-ride” on the newspaper’s investment in journalism, and Microsoft was guilty of doing the same, because it used ChatGPT technology in its Bing search engine and in many Microsoft Office products. The Times didn’t ask for specific financial damages from OpenAI or Microsoft, but said that the behavior alleged in the lawsuit should result in “billions of dollars” in damages from both companies. The Times also asked the court to force OpenAI to destroy any AI models, databases, and training data that were based on copyrighted material from the paper.

As I reported for CJR in January, OpenAI’s response to the lawsuit was twofold: On the one hand, it argued that the Times was not being transparent about the process it had used to get ChatGPT to produce the copies of Times articles, and that getting ChatGPT to do this involved a bug that users would likely never experience. At the same time, OpenAI argued that its scanning or “ingestion” of data from sources such as the Times to feed its AI engine was permissible under the fair use exemption in American copyright law. As I explained in October, according to the fair use principle, copyrighted material can be used for certain purposes without permission, and without paying the owner a fee for licensing, provided the use meets certain criteria (as outlined in the “four factors” test that judges use when hearing fair use cases).

Last week, OpenAI filed an official response to the Times lawsuit that echoes and expands on many of the arguments the company originally made in January. Despite the allegations that ChatGPT could become a competitor to the Times by reproducing articles, OpenAI said in its response that ChatGPT is “not in any way a substitute for a subscription to the New York Times.” In the real world, OpenAI said, people not only do not use ChatGPT for that purpose, but would not be able to do so even if they wanted to, since “in the ordinary course, one cannot use ChatGPT to serve up Times articles at will.” According to OpenAI, the allegations in the Times’ lawsuit “do not meet its famously rigorous journalistic standards.” In reality, the company said, the Times paid someone to hack OpenAI’s products, and it took this person or persons tens of thousands of attempts to generate the kinds of results included in the suit.

Note: This was originally published as the daily email newsletter for the Columbia Journalism Review, where I am the chief digital writer

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These scientists thought LSD would help them talk to dolphins

From The Chronicle: “In the 1930s, the married anthropologists Gregory Bateson and Margaret Mead had seen themselves as scientists seeking to expand the accepted limits of “normal” human behavior, communication, and consciousness. By the 1940s they came to believe that their project could help ensure the survival of humanity itself. By 1963 Bateson and Mead were divorced. But Bateson continued to see himself as pushing the boundaries of science to prevent feedback loops of conflict, which led him to the psychoanalyst John C. Lilly’s Communications Research Institute on St. Thomas in the U.S. Virgin Islands. Lilly’s résumé was impeccable: degrees from Caltech and Dartmouth, a stint teaching at Penn, previously the head of a government research lab at the NIH. For reasons that remained somewhat mysterious, he had managed to persuade NASA to fund his efforts to teach dolphins how to speak English.”

What it’s like to live on one of the US Navy’s nuclear-powered submarines

In a rainstorm the vessel briefly emerges to meet a support ship.

From Vanity Fair: “Under cover of darkness, I boarded a Navy vessel at a heavily guarded military base along the Eastern Seaboard. The location and time of departure, as well as the direction and distance of travel, were unknown to me. Adding to the sense of secrecy, a towering sailor in camouflage stood in the rain, examining my belongings for electronics that might leave a digital trail an adversary could intercept and exploit. Buffeted by strong winds and high Atlantic seas, the support ship sailed through the night for more than 15 storm-tossed hours toward a destination somewhere off the continental shelf. Just after dawn, a sleek, inky object appeared in the distance, right above the waterline. It was the protruding bridge of what sailors call a “boomer”—a submarine armed to the gills with nuclear missiles—which is considered the most lethal, stealthy, and survivable weapon in America’s strategic arsenal.”

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Russian family was cut off from all human contact for 40 years

From The Smithsonian: “In the summer of 1978. A helicopter was skimming the treeline a hundred or so miles from the Mongolian border when it dropped into a thickly wooded valley. Then the pilot saw something that should not have been there: a clearing, 6,000 feet up a mountainside, wedged between the pine and larch and scored with what looked like long, dark furrows. It was an astounding discovery. The mountain was more than 150 miles from the nearest settlement, and there were no records of anyone living in the district. The sight that greeted the geologists as they entered the cabin was like something from the middle ages. Jerry-built from whatever materials came to hand, the dwelling was not much more than a burrow, with a floor consisting of potato peel and pine-nut shells. It was cramped, musty and indescribably filthy, propped up by sagging joists—and, astonishingly, home to a family of five.”

Phantom of the Opera creator Andrew Lloyd Webber called priest to rid his house of a ghost

From The Telegraph: “He is probably best known for his hit musical The Phantom of the Opera, but Andrew Lloyd Webber has disclosed that, in real life, he shared his home with the poltergeist of Eaton Square. The composer has told The Telegraph that a mischievous spirit took up residence in his home in Belgravia, central London. He eventually called on the services of a priest to persuade it to leave the 19th-century property. Lord Lloyd Webber mentioned the poltergeist when asked by The Telegraph whether any of the theatres he owns are haunted. Lloyd Webber said he had never seen a ghost, but added: “I did have a house in Eaton Square which had a poltergeist. It would do things like take theatre scripts and put them in a neat pile in some obscure room. In the end we had to get a priest to come and bless the house, and then it left.”

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She talked like a millionaire but slept in a parking garage

From the WSJ: “University of Florida officials went back and forth with documentary filmmaker Jo Franklin, an alumnus, over details for a planned gala in her honor at the Four Seasons Hotel in Washington. She had pledged $2 million to her alma mater, and her guest list included the entire staff of the PBS NewsHour. A day before the gala, officials learned her seven-figure check had bounced. They boarded a flight to Washington, hoping to straighten everything out. The next day, they found out Franklin hadn’t arrived at the Four Seasons, and the credit card number that she gave the hotel wasn’t working. They soon found out that the school’s esteemed graduate, once a well-known journalist and documentary filmmaker, was a troubled but gifted fabulist. The $2 million gift was an illusion, one in a yearslong string of fantasies concocted by Franklin, who tumbled from a life of apparent success to homelessness.”

Nick Offerman paddles a badass canoe he built down the Los Angeles river

From Outside: “In the 25 years I’ve called the city my home, I’ve done a great many things that I would categorize as fun. I have, of course, worked as an actor. But I’ve also been paid to build various decks and cabins as a carpenter, plus one exquisite post-and-beam yoga studio. I worked as a production assistant on a few music videos, trained by a tall, handsome, surfing porn actor who taught me to get up and stay up. I constructed an octagon-style wrestling cage for an episode of Friends. I’ve hiked hundreds of miles of trails in Los Angeles County, some while hallucinating, but mostly sober and high on the views from Griffith Park, the San Gabriels, and the Santa Monica Mountains. The point is, the one thing I never dreamed I would do is launch my beloved handmade cedar-strip canoe, Huckleberry, into the concrete-clad L.A. River, just a few miles north of the location of the drag-race scene in Grease.”

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Why did she take her son and try to live off the grid during a Colorado winter?

From Outside magazine: “Talon Vance, 13, lived in an apartment complex in suburban Colorado Springs with his mom and Aunt. Other relatives lived nearby. Typically, he spent much of the week with his father, half brother, half sister, and grandparents, all of whom lived together not far away in a different town. All of that would change in August 2022: Talon’s mother, Rebecca Vance, had hatched a plan to disappear from Colorado Springs and go permanently off-grid. Christine said to their stepsister that they would be heading into the wilderness to live off the grid. Rebecca had spent much of the pandemic glued to her computer, growing increasingly obsessed with conspiracy theories and the end of the world. She feared vaccines, technology, and the power of global elites, and thought the only escape was to get far away.”

She spent a week rescuing food from the trash and here’s what she ate

From the NYT: “A childhood memory, from the family table in Mumbai, still plays on a loop in my mind: “Don’t waste your food,” my mother would admonish daily. “Too many starving children everywhere,” my father would chime in. Decades later, now living in New York City, I still can’t toss those leftovers. At least not like some of my friends do, with cool nonchalance, or like restaurants and shops regularly do when they’ve prepared too much. So, I decided to try Too Good To Go, one of several apps that connect eaters with unsold restaurant food. It claims to have 155,000 businesses, like restaurants and markets, that offer surplus meals, often discounted, to about 85 million users.”

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He claimed part of Antarctica and then set up his own nation

From Big Think: “Seven countries each have staked a claim to a slice of Antarctica, but all those claims have been frozen by the Antarctic Treaty of 1959. Together, those claims cover most of the continent at the bottom of the world — except Marie Byrd Land, which is the largest unclaimed territory in the world. At least, it was until 2001, when naval intelligence specialist Travis McHenry said he found a loophole in the Antarctic Treaty: While it prohibits countries from laying claim to parts of Antarctica, it says nothing about individuals. So, McHenry proclaimed himself consul-general of this freezing no man’s land. In 2004, McHenry upgraded the territory to a grand duchy and renamed it Westarctica, and crowned himself Grand Duke Travis I.”

Inside the biggest art fraud in history

From the Smithsonian: “Norval Morrisseau was certain. “I did not paint the attached 23 acrylics on canvas,” he wrote to his Toronto gallery representative, who had sent him color photocopies of works that had recently sold at auction. Morrisseau, then in his late 60s and suffering from Parkinson’s disease, was the most important artist in the modern history of Canada’s Indigenous peoples—the “Picasso of the North.” By 2001, Morrisseau paintings routinely fetched thousands of dollars on the market. The works he now denied having painted were no exception. The auctioneer had advertised them as being from Morrisseau’s hand and claimed that he had no reason to doubt their authenticity—he had already sold 800 of them without a single buyer’s complaint.”

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Indictment of Florida journalist raises troubling questions

In May of 2023, agents from the FBI showed up at Tim Burke’s home in Tampa and seized several computers, hard drives, his cellphone, and other equipment that he uses as a freelance journalist. As I wrote for CJR, the reasons for the seizure were unknown at the time, because the affidavit the FBI used to justify the search was sealed. (It was later partially unsealed so Burke could see it for the purposes of his defense but has not been made public.) In an interview with me in 2023, Mark Rasch—Burke’s lawyer, and a former prosecutor with the Department of Justice—said the government seemed to believe that Burke somehow gained unauthorized access to a server and downloaded content he didn’t have explicit permission to access or copy. The problem, Rasch said, is that this description would also cover a wide range of normal journalistic activity.

Last week, Burke was indicted by a grand jury in Florida on fourteen charges, including conspiracy, accessing a protected computer without authorization, and intercepting or disclosing wire, oral, or electronic communications. The indictment accuses Burke and an unnamed person, referred to in the indictment as CONSPIRATOR 2, of using “compromised credentials” to gain unauthorized access to protected computers and then “scouring” those machines before ultimately “stealing electronic items and information deemed desirable,” in addition to intercepting and disclosing the contents of electronic video communications.

What reportedly triggered the initial investigation into Burke was the leak of behind-the-scenes footage of an interview conducted by Tucker Carlson, then a Fox News host, in which Kanye West, the musician now known as Ye, made some anti-Semitic remarks. That footage was among the video streams that Burke downloaded from a server normally used by broadcasters to distribute streams of their shows to affiliates and other outlets. As Rasch explained to me in 2023, many broadcasters livestream continuously, and these streams are in high definition and encrypted. However, many also use third-party services to distribute low-definition, unencrypted feeds.

Note: This was originally published as the daily email newsletter for the Columbia Journalism Review, where I am the chief digital writer

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She pretended her girls were Inuit and stole a fortune

From Toronto Life magazine: “Amira and Nadya Gill were well-known on campus. The ambitious twins seemed to excel at everything they did. Amira was pursuing her master’s in civil engineering, and she was a reservist in the Canadian Armed Forces. Nadya, a former NCAA soccer player, juggled her duties as an assistant coach for the women’s soccer team with law school, and she was an associate editor for the Queen’s Law Journal, and a board member for the school’s student law society. Throughout their studies, they won a number of awards and scholarships. And everyone knew they were Indigenous, a status they wore with pride. But then some holes started appearing in their stories.”

He died in a Jewish ghetto. How did his art end up on a bench in San Francisco?

From the SF Standard: “Jermaine Joseph, a city employee for the Port of San Francisco, was doing his maintenance rounds at Crane Cove Park on a sunny morning in May 2022 when he spotted something unusual: nearly 50 abandoned pieces of art arranged on a cement bench. “It was really strategically set out in a nice pattern,” he said. “And looking at the frames and the paper, you could tell someone put a lot of time into them.” Joseph knew the artworks had not been there for long—no morning dew had collected on them. But there was no evidence of an owner anywhere on-site. Thirty-eight of the 48 pieces—which included drawings, prints and paintings crafted with an obviously skilled hand—had variations of the name Ary Arcadie Lochakov.”

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After her son was beheaded she met one of his killers

From The Guardian: “The last time Diane Foley spoke to her son Jim was in November 2012, when he called her at work in New Hampshire. Foley, a nurse practitioner at the clinic where her husband, John, was a doctor, was relieved to hear her son’s voice. A few months earlier, Jim had left the US for Syria to work as a freelance videographer. That decision, coming less than a year after he’d been kidnapped and detained for six weeks while reporting in Libya, horrified his family. A few weeks later, he was kidnapped by Islamic State. Eighteen months after that, Jim was beheaded by a masked terrorist, the video uploaded to social media and seen with horror all around the world. She never heard his voice again.”

A family dinner with my wife and girlfriend

From the New York Times: “Last Thanksgiving I was seated at the head of the dining room table with my family gathered around, enjoying our traditional feast. My sons, 18 and 20, piled their plates high. My mother worked her way through smaller portions and a glass of wine. And I held the hand of my love, who was seated next to me with tears in her eyes as she looked across the table at a woman, her contemporary, who was eating with the help of a caregiver. That woman is my wife, Bridget, aged 59. Before Alzheimer’s devoured Bridget’s neurons along with her essence, Thanksgiving was her favorite holiday. That evening was the first time she and my new partner ate at the same table.”

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An ancient bacterium was awakened by an industrial accident

From The Economist: “New species are generally found rather than awakened. And they are typically discovered in remote places like rainforests or Antarctic plateaus. But not so a species of bacterium described in a paper just published in Extremophiles. The bug is new to science, but it is not new to Earth. In fact the microbe may have been slumbering for millions of years before being awakened. It lives below Lake Peigneur in southern Louisiana, which in 1980 had a salt mine and an oil-drilling rig run by Texaco. Then the two operations came together accidentally—and spectacularly, when the oil rig’s drill penetrated the third level of the salt mine, creating a drain in the lake’s floor.”

Magic Alex, the Greek TV repairman who convinced the Beatles he was a genius

The Enduring Mystery of "Magic Alex" - CultureSonar

From Wikipedia: “The 23-year-old Yannis Alexis Mardas first arrived in England on a student visa in 1965, and moved into a flat on Bentinck Street, where he first met John Lennon. He found work as a television repairman, but also exhibited light-based artwork at the Indica Gallery, where he impressed Lennon with the Nothing Box: a small plastic box with randomly blinking lights that Lennon would stare at for hours while under the influence of LSD. Lennon later introduced Mardis as his “new guru,” calling him “Magic Alex,” and he told the Beatles he was working on a number of inventions, including a flying saucer. He became one of the first employees of the newly formed Apple Corps, earning £800 a week and receiving 10% of any profits from his inventions.”

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She was taken in 1947 and no one knows why

From Strange Company: “On April 9, 1947, the town of Woodward, Oklahoma was slammed by a tornado. Hutchinson Croft was a successful sheep farmer who lived with his wife Cleta and their two children, Joan and Geri. The tornado flattened their home, killing Cleta, but four-year-old Joan and eight-year-old Geri were only slightly hurt and were brought to Woodward’s hospital. Later that night, as the Croft girls lay together on a cot, two men wearing khaki Army-style clothing came into the hospital basement announcing that they had come for Joan. The men told hospital staff that they were friends of the Croft family, and were taking Joan to Oklahoma City Hospital. But she never got there.”

This World War II plan would have buried soldiers alive in a cave on Gibraltar

From Now I Know: “The British Army dug a maze of defensive tunnels inside the Rock of Gibraltar during the Second World War, and part of that maze was something called the “Stay Behind Cave,” a two-story bunker. The first floor was a room with bare rock walls and a wooden floor, and up the stairs were two more rooms — a bathroom and a radio transmitting station. The plan was for six British soldiers stationed at Gibraltar to brick themselves into the Stay Behind Cave if Germany were to take over the Rock. The Cave was outfitted with enough supplies to last a year; after that, the soldiers were expected to bury each other in the floor — unless the army could save them beforehand.”

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Walt Disney blamed himself for his mother’s death

From Vintage News: “Snow White and the Seven Dwarfs marked a turning point for Walt Disney. It was his first full-length cel-animated feature film, and it was astonishingly successful. The movie took in an unheard-of $1.5 million. Flush with success, Walt and his brother Roy bought their parents a house in North Hollywood, and Elias and Flora moved from Oregon. When Flora complained about a weird smell coming out of the furnace, Walt had repairmen come by to fix it, but they were apparently unsuccessful. Their housekeeper came in the next morning and found his mother and father unconscious and pulled them out on the front lawn. His father survived but Flora did not.”

How South America got conned into a concert tour by the fake Beatles

From the BBC: “Early in 1964, as Beatlemania swept the world, newspaper headlines announced that The Beatles would be travelling to South America later that year. Millions awaited their arrival with bated breath – and in July, when four young moptops descended into Buenos Aires Airport, it seemed that teenage dreams were about to come true. The Beatles were actually nowhere near Argentina at the time. The British group were back home in London, on a rare rest stop between concerts and recording. But without their knowledge, four young guys from Florida named Tom, Vic, Bill and Dave had taken their place. Previously a bar band called The Ardells, the quartet were now ‘The American Beetles’, or sometimes just ‘The Beetles’ for short.”

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Can Julian Assange appeal his extradition to the US? A British court will decide

In 2019, Ecuadorean authorities allowed British police to enter the country’s embassy in London and arrest Julian Assange, the co-founder of WikiLeaks, who had been living there for more than seven years. Ecuador granted asylum to Assange in 2012 on the grounds of political persecution, but reportedly grew irritated by his behavior. Since then, Assange has been incarcerated at Belmarsh prison and fighting attempts by the US Justice Department to extradite him to face close to twenty charges, including under the Espionage Act, related to his solicitation and publication of classified documents in 2010. In 2022, Priti Patel, then Britain’s home secretary, signed an extradition order. This week, the UK’s High Court held a two-day hearing to determine whether Assange will be allowed to appeal against it. While his personal freedom is clearly at stake, the case could also have significant repercussions for press freedom, too.

Patel’s was actually the second extradition order: in 2019, Sajid Javid, her predecessor, signed a similar one. Assange’s lawyers argued at the time that he could not be extradited to the US because he had been charged with political offenses (a 2003 treaty between the UK and US doesn’t allow prisoners to be extradited for these), and also that being incarcerated in a US prison could endanger Assange’s mental health and increase his risk of suicide. In 2021, a judge blocked this attempt at extradition based on the mental health argument—though the order was later reinstated after US authorities promised that he would be well treated. Assange’s lawyers say that if he is convicted, he could face up to a hundred and seventy-five years in prison in the US. The British court is expected to hand down a decision on Assange’s request for an appeal next month.

According to The Guardian, at the beginning of a hearing in Assange’s case on Tuesday, lawyers representing him told the court that he would not be attending the proceedings in person because he is unwell, but that he was expected to appear on a video link from Belmarsh. (In the end, he did not.) Kevin Gosztola, a journalist covering the case, said that Assange’s team told reporters that he had broken a rib due to excessive coughing. Other journalists in attendance suggested that the court did not seem to want to make it easy for the press to report on the case. Stefania Maurizi, a veteran Italian journalist, wrote on X (formerly Twitter) that she and other reporters who tried to watch the hearing were forced to sit in a small Victorian gallery, from which they could barely hear the proceedings.

Note: This was originally written as the daily newsletter for the Columbia Journalism Review, where I am the chief digital writer

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Was he wrongfully convicted for killing his daughter?

From Esquire: “At around 7:00 a.m. on June 16, 1998, Barton McNeil, a thirty-nine-year-old divorced father, woke up on the couch after a muggy, stormy night. It was the beginning of one of those long summers in Bloomington, Illinois, the air so heavy you could chew it. McNeil traipsed to the bathroom and called out to wake Christina in the bedroom next door. It was time to get up and get dressed. She didn’t stir. So he took a shower, then checked his email again, and finally crept into the bedroom. There she lay, wrapped in the swirl of her flower-patterned sheets, a copy of Go, Dog. Go! beside her. Her eyes were open, her skin clammy and the color of slate.McNeil froze. His stomach churned. Panic took the wind out of his lungs.He scrambled for the phone and dialed 911.”

The Vatican classified the capybara as a fish so believers could eat it during Lent

A majestic capybara, posing on the grass in a very un-fishlike manner.

From IFLScience: “During the middle ages, eating the meat of certain animals was not allowed during Lent, the period commemorating when Jesus spent 40 days in the desert, according to the Bible. After the colonization of the Americas by European settlers, clergymen in Venezuela wrote to the Vatican to ask if this new creature – which spends a lot of time in the water, has webbed feet and reportedly has a fishy taste – could be classified as a fish, so that they could continue to eat it during the period of Lent. Those are 40 days of eating adorable rodents that you just can’t get back. The Vatican granted their request in 1784, and the rodent was given the status of fish. “

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She put $50,000 in a shoe box and gave it to a stranger

From The Cut: “On a Tuesday evening this past October, I put $50,000 in cash in a shoe box, taped it shut as instructed, and carried it to the sidewalk in front of my apartment, my phone clasped to my ear. “Don’t let anyone hurt me,” I told the man on the line, feeling pathetic.“You won’t be hurt,” he answered. “Just keep doing exactly as I say.” Three minutes later, a white Mercedes SUV pulled up to the curb. “The back window will open,” said the man on the phone. “Do not look at the driver or talk to him. Put the box through the window, say ‘thank you,’ and go back inside.” When I’ve told people this story, most of them say the same thing: You don’t seem like the type of person this would happen to. What they mean is that I’m not senile, or hysterical, or a rube.”

The Amber Room was coveted by the Tsars and the Nazis and then it disappeared

From Atlas Obscura: “The Nazis have reached Russia. They’ve taken the Catherine Palace and are waiting for orders from Berlin. Soldiers pull at the wall coverings. And suddenly, in the dimness, there is a glimmer, not gold, but deeper, richer: carved garlands of acanthus leaves, rosettes, mirrors, mosaics made of agate, onyx, and lapis, and panel upon panel of lustrous brown gems. Contemporaries named it the eighth wonder of the world. But today the Amber Room is lost in layers of time, obscured by the flames and political paperwork of a great war. It had a long, eventful existence, traveled further than most rooms do, and was last seen in Königsberg, now Kaliningrad, Russia, in 1944, just before the city was carpet-bombed into oblivion. Then it vanished.”

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