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It’s gonna be a showdown // Illustration by Kate Walker
The New York Times’ landmark copyright suit against OpenAI and Microsoft has finally gone before a judge.
Why It Hits: NYT’s case will likely set the precedent for how news is handled in the age of AI — are write-ups free for the taking if transformed by a chatbot, or are articles creative works protected under the law? The decision could put the survival of two industries — publishing and AI — on the line.
Between The Pages: NYT, OpenAI, and Microsoft all presented their official arguments before a judge in New York.
NYT argued that “OpenAI and Microsoft copied its works at scale to build commercial substitutes, which it believes violates the law,” per Axios.
Meanwhile, both tech giants argued that “existing copyright laws and legal precedents allow tech giants to scrape publicly available works to train their large language models, and that reported facts are not protected by copyright law.”
In a particularly bold move, the White House has backed OpenAI and Microsoft… not too surprising, considering how invested the administration is in AI.
District Judge Sidney Stein is expected to decide in the coming months whether the case will move forward to trial.
Final Decision: The big question at the heart of this case is whether the answers chatbots generate are making people read less NYT because they’re getting the information from ChatGPT or Copilot… which, in turn, were trained on information from NYT. Or, are these chatbots simply synthesizing what’s already online in a more streamlined way for readers?
In other words, the things at stake here are the openness of the internet and the viability of a classic journalism career. No big deal.
The Future: If OpenAI and Microsoft win, publishers may need to focus on turning every reporter into a personality that readers want to follow. It’s the creatorization of the newsroom.
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Today’s email was written by David Vendrell.
Edited by Nick Comney. Polled and Copy-edited by Kait Cunniff.
Published by Darline Salazar.