
In December 2023, The New York Times filed a lawsuit against OpenAI, alleging copyright infringement. Now, developers of ChatGPT have responded by challenging NYT to prove that its articles were ‘original human-authored content’.
Reports indicate that NYT accused Microsoft and OpenAI of using its extensive catalogue of articles to train ChatGPT. In response, OpenAI filed a request on Monday asking The Times to substantiate the originality of its content. They specifically sought ‘underlying reporter’s notes, interview memos, records of materials cited, or other files for each asserted work’.
The following day, NYT filed a response, characterising OpenAI’s request as ‘harassment and retaliation’ in light of the lawsuit.
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The publisher criticised what it deemed an unnecessary and overly aggressive demand. ‘OpenAI is not entitled to extensive access to nearly 100 years of underlying reporters' files,’ The Times stated, ‘on the off chance that such an investigation might raise a doubt about the validity of The Times's registered copyrights.’
The filing further argued: "OpenAI provides no legal precedent permitting such intrusive discovery, and rightly so. This request exceeds the scope permitted under Federal Rules and appears intended solely for harassment and retaliation."
NYT is supported in its legal challenge against OpenAI by the Centre for Investigative Reporting, which also filed a lawsuit for copyright infringement in late June, joining other US media companies in taking action against alleged copyright violations.