OpenAI Copyright Suit Consolidation Portends Consistency, Risk; Bloomberg Law, April 8, 2025

 

Annelise Levy

, Kyle Jahner , Bloomberg Law; OpenAI Copyright Suit Consolidation Portends Consistency, Risk

"OpenAI Inc.'s tactical win consolidating a dozen copyright suits against it nevertheless carries risks for the company, as the matters proceed before a judge who’s already ruled against the company in key decisions.

The US Judicial Panel on Multidistrict Litigation last week centralized casesacross the country in the US District Court for the Southern District of New York for pretrial activity, which could include dispositive motions including summary judgment, as well as contentious discovery disputes that have been common among the cases.

“This will help create more consistency in the pre-trial outcomes, but it also means that you’ll get fewer tries from different plaintiffs to find a winning set of arguments,” Peter Henderson, an assistant professor at Princeton University, said in an email...

While streamlined, the pretrial proceedings figure to remain contentious as the parties press novel questions about how copyright laws apply to the game-changing generative AI technology. The disputes carry vast ramifications for companies reliant on millions of copyrighted works to train their models."

ChatGPT's new image generator blurs copyright lines; Axios, March 28, 2025

 Ina Fried, Axios; ChatGPT's new image generator blurs copyright lines

"AI image generators aren't new, but the one OpenAI handed to ChatGPT's legions of users this week is more powerful and has fewer guardrails than its predecessors — opening up a range of uses that are both tantalizing and terrifying."

Judge allows 'New York Times' copyright case against OpenAI to go forward; NPR, March 27, 2025

 Bobby Allyn, NPR ; Judge allows 'New York Times' copyright case against OpenAI to go forward

"A federal judge on Wednesday rejected OpenAI's request to toss out a copyright lawsuit from The New York Times that alleges that the tech company exploited the newspaper's content without permission or payment.

In an order allowing the lawsuit to go forward, Judge Sidney Stein, of the Southern District of New York, narrowed the scope of the lawsuit but allowed the case's main copyright infringement claims to go forward.

Stein did not immediately release an opinion but promised one would come "expeditiously."

The decision is a victory for the newspaper, which has joined forces with other publishers, including The New York Daily News and the Center for Investigative Reporting, to challenge the way that OpenAI collected vast amounts of data from the web to train its popular artificial intelligence service, ChatGPT."

Should AI be treated the same way as people are when it comes to copyright law? ; The Hill, March 24, 2025

  NICHOLAS CREEL, The Hill ; Should AI be treated the same way as people are when it comes to copyright law? 

"The New York Times’s lawsuit against OpenAI and Microsoft highlights an uncomfortable contradiction in how we view creativity and learning. While the Times accuses these companies of copyright infringement for training AI on their content, this ignores a fundamental truth: AI systems learn exactly as humans do, by absorbing, synthesizing and transforming existing knowledge into something new."

OpenAI declares AI race “over” if training on copyrighted works isn’t fair use; Ars Technica, March 13, 2025

 ASHLEY BELANGER  , Ars Technica; OpenAI declares AI race “over” if training on copyrighted works isn’t fair use

"OpenAI is hoping that Donald Trump's AI Action Plan, due out this July, will settle copyright debates by declaring AI training fair use—paving the way for AI companies' unfettered access to training data that OpenAI claims is critical to defeat China in the AI race.

Currently, courts are mulling whether AI training is fair use, as rights holders say that AI models trained on creative works threaten to replace them in markets and water down humanity's creative output overall.

OpenAI is just one AI company fighting with rights holders in several dozen lawsuits, arguing that AI transforms copyrighted works it trains on and alleging that AI outputs aren't substitutes for original works.

So far, one landmark ruling favored rights holders, with a judge declaring AI training is not fair use, as AI outputs clearly threatened to replace Thomson-Reuters' legal research firm Westlaw in the market, Wired reported. But OpenAI now appears to be looking to Trump to avoid a similar outcome in its lawsuits, including a major suit brought by The New York Times."

OpenAI says DeepSeek ‘inappropriately’ copied ChatGPT – but it’s facing copyright claims too; The Conversation, February 4, 2025

 Lea Frermann, Senior Lecturer in Natural Language Processing, The University of Melbourne, The University of Melbourne , Shaanan Cohney, Lecturer in Cybersecurity, The University of Melbourne, The Conversation; OpenAI says DeepSeek ‘inappropriately’ copied ChatGPT – but it’s facing copyright claims too

"Within days, DeepSeek’s app surpassed ChatGPT in new downloads and set stock prices of tech companies in the United States tumbling. It also led OpenAI to claim that its Chinese rival had effectively pilfered some of the crown jewels from OpenAI’s models to build its own. 

In a statement to the New York Times, the company said: 

We are aware of and reviewing indications that DeepSeek may have inappropriately distilled our models, and will share information as we know more. We take aggressive, proactive countermeasures to protect our technology and will continue working closely with the US government to protect the most capable models being built here.

The Conversation approached DeepSeek for comment, but it did not respond.

But even if DeepSeek copied – or, in scientific parlance, “distilled” – at least some of ChatGPT to build R1, it’s worth remembering that OpenAI also stands accused of disrespecting intellectual property while developing its models."

Former OpenAI safety researcher brands pace of AI development ‘terrifying’; The Guardian, January 28, 2025

Dan Milmo Global technology editor, The Guardian ; Former OpenAI safety researcher brands pace of AI development ‘terrifying’

"A former safety researcher at OpenAI says he is “pretty terrified” about the pace of development in artificial intelligence, warning the industry is taking a “very risky gamble” on the technology.

Steven Adler expressed concerns about companies seeking to rapidly develop artificial general intelligence (AGI), a theoretical term referring to systems that match or exceed humans at any intellectual task."

In AI copyright case, Zuckerberg turns to YouTube for his defense; TechCrunch, January 15, 2025

 

Kyle Wiggers

Maxwell Zeff

, TechCrunch ; In AI copyright case, Zuckerberg turns to YouTube for his defense

"Meta CEO Mark Zuckerberg appears to have used YouTube’s battle to remove pirated content to defend his own company’s use of a data set containing copyrighted e-books, reveals newly released snippets of a deposition he gave late last year.

The deposition, which was part of a complaint submitted to the court by plaintiffs’ attorneys, is related to the AI copyright case Kadrey v. Meta. It’s one of many such cases winding through the U.S. court system that’s pitting AI companies against authors and other IP holders. For the most part, the defendants in these cases – AI companies – claim that training on copyrighted content is “fair use.” Many copyright holders disagree."

'The New York Times' takes OpenAI to court. ChatGPT's future could be on the line; NPR, January 14, 2025

 Bobby Allyn, NPR; 'The New York Times' takes OpenAI to court. ChatGPT's future could be on the line

"A group of news organizations, led by The New York Times, took ChatGPT maker OpenAI to federal court on Tuesday in a hearing that could determine whether the tech company has to face the publishers in a high-profile copyright infringement trial.

Three publishers' lawsuits against OpenAI and its financial backer Microsoft have been merged into one case. Leading each of the three combined cases are the Times, The New York Daily News and the Center for Investigative Reporting.

Other publishers, like the Associated Press, News Corp. and Vox Media, have reached content-sharing deals with OpenAI, but the three litigants in this case are taking the opposite path: going on the offensive."

OpenAI holds off on promise to creators, fails to protect intellectual property; The American Bazaar, January 3, 2025

  Vishnu Kamal, The American Bazaar; OpenAI holds off on promise to creators, fails to protect intellectual property

"OpenAI may yet again be in hot water as it seems that the tech giant may be reneging on its earlier assurances. Reportedly, in May, OpenAI said it was developing a tool to let creators specify how they want their works to be included in—or excluded from—its AI training data. But seven months later, this feature has yet to see the light of day.

Called Media Manager, the tool would “identify copyrighted text, images, audio, and video,” OpenAI said at the time, to reflect creators’ preferences “across multiple sources.” It was intended to stave off some of the company’s fiercest critics, and potentially shield OpenAI from IP-related legal challenges...

OpenAI has faced various legal challenges related to its AI technologies and operations. One major issue involves the privacy and data usage of its language models, which are trained on large datasets that may include publicly available or copyrighted material. This raises concerns over privacy violations and intellectual property rights, especially regarding whether the data used for training was obtained with proper consent.

Additionally, there are questions about the ownership of content generated by OpenAI’s models. If an AI produces a work based on copyrighted data, it is tricky to determine who owns the rights—whether it’s OpenAI, the user who prompted the AI, or the creators of the original data.

Another concern is the liability for harmful content produced by AI. If an AI generates misleading or defamatory information, legal responsibility could fall on OpenAI."

OpenAI makes AI video generator Sora publicly available in US; The Guardian, December 9, 2024

Dara Kerr , The Guardian; OpenAI makes AI video generator Sora publicly available in US

"Anyone in the US can now use OpenAI’s artificial intelligence video generator, Sora, which the company announced on Monday would become publicly available. OpenAI first presented Sora in February, but it was only accessible to select artists, film-makers and safety testers. At multiple points on Monday, though, OpenAI’s website did not allow for new sign-ups for Sora, citing heavy traffic...

While generative AI has improved considerably over the past year, it is still prone to hallucinations, or incorrect responses, and plagiarism. AI image generators also often produce unrealistic images, such as people with several arms or misplaced facial features.

Critics warn that this type of AI video technology could be misused by bad actors for disinformation, scams and deepfakes. There have already been deepfake videos of the Ukrainian president, Volodymyr Zelenskyy, supposedly calling for a ceasefire and of Kamala Harris supposedly describing herself as “the ultimate diversity hire”.

OpenAI said in its blogpost that it would initially limit uploads of specific people and that it will block content with nudity. The company said that it was additionally “blocking particularly damaging forms of abuse, such as child sexual abuse materials and sexual deepfakes”.

Sora will be available to users who already subscribe and pay for OpenAI’s tools. People in the US and “most countries internationally” will have access to the tool, but it will not be available in the UK or Europe."

‘AI Jesus’ avatar tests man’s faith in machines and the divine; AP, November 28, 2024

JAMEY KEATEN, AP; ‘AI Jesus’ avatar tests man’s faith in machines and the divine

"Researchers and religious leaders on Wednesday released findings from a two-month experiment through art in a Catholic chapel in Switzerland, where an avatar of “Jesus” on a computer screen — tucked into a confessional — took questions by visitors on faith, morality and modern-day woes, and offered responses based on Scripture...

Philipp Haslbauer, an IT specialist at the Lucerne University of Applied Sciences and Arts who pulled together the technical side of the project, said the AI responsible for taking the role of “AI Jesus” and generating responses was GPT-4o by OpenAI, and an open-source version of the company’s Whisper was used for speech comprehension. 

An AI video generator from Heygen was used to produce voice and video from a real person, he said. Haslbauer said no specific safeguards were used “because we observed GPT-4o to respond fairly well to controversial topics.”

Visitors broached many topics, including true love, the afterlife, feelings of solitude, war and suffering in the world, the existence of God, plus issues like sexual abuse cases in the Catholic Church or its position on homosexuality.

Most visitors described themselves as Christians, though agnostics, atheists, Muslims, Buddhists and Taoists took part too, according to a recap of the project released by the Catholic parish of Lucerne.

About one-third were German speakers, but “AI Jesus” — which is conversant in about 100 languages — also had conversations in languages like Chinese, English, French, Hungarian, Italian, Russian and Spanish."

Major Canadian News Outlets Sue OpenAI in New Copyright Case; The New York Times, November 29, 2024

 Matina Stevis-Gridneff, The New York Times ; Major Canadian News Outlets Sue OpenAI in New Copyright Case

"A coalition of Canada’s biggest news organizations is suing OpenAI, the maker of the artificial intelligence chatbot, ChatGPT, accusing the company of illegally using their content in the first case of its kind in the country.

Five of the country’s major news companies, including the publishers of its top newspapers, newswires and the national broadcaster, filed the joint suit in the Ontario Superior Court of Justice on Friday morning...

The Canadian outlets, which include the Globe and Mail, the Toronto Star and the CBC — the Canadian Broadcasting Corporation — are seeking what could add up to billions of dollars in damages. They are asking for 20,000 Canadian dollars, or $14,700, per article they claim was illegally scraped and used to train ChatGPT.

They are also seeking a share of the profits made by what they claim is OpenAI’s misuse of their content, as well as for the company to stop such practices in the future."

OpenAI’s funding into AI morality research: challenges and implications; The Economic Times, November 25, 2024

The Economic Times ; OpenAI’s funding into AI morality research: challenges and implications

"OpenAI Inc has awarded Duke University researchers a grant for a project titled ‘Research AI Morality,’ the nonprofit revealed in a filing with the Internal Revenue Service (IRS), according to a TechCrunch report. This is part of a larger three-year, $1-million grant to Duke professors studying “making moral AI.”

The funding was granted to “develop algorithms that can predict human moral judgments in scenarios involving conflicts among morally relevant features in medicine, law and business,” the university said in a press release. Not much is known about this research except the fact that the funding ends in 2025."

A.I. Chatbots Defeated Doctors at Diagnosing Illness; The New York Times, November 17, 2024

Gina Kolata , The New York Times; A.I. Chatbots Defeated Doctors at Diagnosing Illness

"Instead, in a study Dr. Rodman helped design, doctors who were given ChatGPT-4 along with conventional resources did only slightly better than doctors who did not have access to the bot. And, to the researchers’ surprise, ChatGPT alone outperformed the doctors.

“I was shocked,” Dr. Rodman said.

The chatbot, from the company OpenAI, scored an average of 90 percent when diagnosing a medical condition from a case report and explaining its reasoning. Doctors randomly assigned to use the chatbot got an average score of 76 percent. Those randomly assigned not to use it had an average score of 74 percent.

The study showed more than just the chatbot’s superior performance.

It unveiled doctors’ sometimes unwavering belief in a diagnosis they made, even when a chatbot potentially suggests a better one."

OpenAI accidentally deleted potential evidence in NY Times copyright lawsuit; TechCrunch, November 20, 2024

 Kyle Wiggers , TechCrunch; OpenAI accidentally deleted potential evidence in NY Times copyright lawsuit

"OpenAI tried to recover the data — and was mostly successful. However, because the folder structure and file names were “irretrievably” lost, the recovered data “cannot be used to determine where the news plaintiffs’ copied articles were used to build [OpenAI’s] models,” per the letter.

“News plaintiffs have been forced to recreate their work from scratch using significant person-hours and computer processing time,” counsel for The Times and Daily News wrote. “The news plaintiffs learned only yesterday that the recovered data is unusable and that an entire week’s worth of its experts’ and lawyers’ work must be re-done, which is why this supplemental letter is being filed today.”

The plaintiffs’ counsel makes clear that they have no reason to believe the deletion was intentional. But they do say the incident underscores that OpenAI “is in the best position to search its own datasets” for potentially infringing content using its own tools."

Indian news agency sues OpenAI alleging copyright infringement; TechCrunch, November 18, 2024

 Manish Singh, TechCrunch; Indian news agency sues OpenAI alleging copyright infringement

"One of India’s largest news agencies, Asian News International (ANI), has sued OpenAI in a case that could set a precedent for how AI companies use copyrighted news content in the world’s most populous nation.

Asian News International filed a 287-page lawsuit in the Delhi High Court on Monday, alleging the AI company illegally used its content to train its AI models and generated false information attributed to the news agency. The case marks the first time an Indian media organization has taken legal action against OpenAI over copyright claims.

During Tuesday’s hearing, Justice Amit Bansal issued a summons to OpenAI after the company confirmed it had already ensured that ChatGPT wasn’t accessing ANI’s website. The bench said that it was not inclined to grant an injunction order on Tuesday, as the case required a detailed hearing for being a “complex issue.”

The next hearing is scheduled to be held in January."

OpenAI Gets a Win as Court Says No Harm Was Demonstrated in Copyright Case; Gizmodo, November 8, 2024

 Todd Feathers, Gizmodo; OpenAI Gets a Win as Court Says No Harm Was Demonstrated in Copyright Case

"OpenAI won an initial victory on Thursday in one of the many lawsuits the company is facing for its unlicensed use of copyrighted material to train generative AI products like ChatGPT.

A federal judge in the southern district of New York dismissed a complaint brought by the media outlets Raw Story and AlterNet, which claimed that OpenAI violated copyright law by purposefully removing what is known as copyright management information, such as article titles and author names, from material that it incorporated into its training datasets.

OpenAI had filed a motion to dismiss the case, arguing that the plaintiffs did not have standing to sue because they had not demonstrated a concrete harm to their businesses caused by the removal of the copyright management information. Judge Colleen McMahon agreed, dismissing the lawsuit but leaving the door open for the plaintiffs to file an amended complaint."

Former OpenAI Researcher Says the Company Broke Copyright Law; The New York Times, October 23, 2024

Cade Metz, The New York Times; Former OpenAI Researcher Says the Company Broke Copyright Law

"Mr. Balaji believes the threats are more immediate. ChatGPT and other chatbots, he said, are destroying the commercial viability of the individuals, businesses and internet services that created the digital data used to train these A.I. systems.

“This is not a sustainable model for the internet ecosystem as a whole,” he told The Times."

AI Ethics Council Welcomes LinkedIn Co-Founder Reid Hoffman and Commentator, Founder and Author Van Jones as Newest Members; Business Wire, October 15, 2024

 Business Wire; AI Ethics Council Welcomes LinkedIn Co-Founder Reid Hoffman and Commentator, Founder and Author Van Jones as Newest Members

"The AI Ethics Council, founded by OpenAI CEO Sam Altman and Operation HOPE CEO John Hope Bryant, announced today that Reid Hoffman (Co-Founder of LinkedIn and Inflection AI and Partner at Greylock) and Van Jones (CNN commentator, Dream Machine Founder and New York Times best-selling author) have joined as a members. Formed in December 2023, the Council brings together an interdisciplinary body of diverse experts including civil rights activists, HBCU presidents, technology and business leaders, clergy, government officials and ethicists to collaborate and set guidelines on ways to ensure that traditionally underrepresented communities have a voice in the evolution of artificial intelligence and to help frame the human and ethical considerations around the technology. Ultimately, the Council also seeks to help determine how AI can be harnessed to create vast economic opportunities, especially for the underserved.

Mr. Hoffman and Mr. Jones join an esteemed group on the Council, which will serve as a leading authority in identifying, advising on and addressing ethical issues related to AI. In addition to Mr. Altman and Mr. Bryant, founding AI Ethics Council members include:

• George T. French, Jr, JD, PhD., President, Clark Atlanta University and Chair of Presidents, United Negro College Fund
• Helene D. Gayle, MD, MPH, President, Spelman College
• Bernice A. King, JD, M. Div, CEO, The King Center
• David A. Thomas, PhD., President, Morehouse College
• Angela F. Williams, JD, M. Div, President and CEO, United Way Worldwide
• Ambassador Andrew J. Young, Chairman, The Andrew J. Young Foundation, former U.N. Ambassador, former Mayor of Atlanta and civil rights icon"