The New York Times lawsuit is without merit: OpenAI

OpenAI has said that The New York Times (NYT) lawsuit is without merit and that the US newspaper is not "telling the full story."
Last week, NYT filed a copyright infringement lawsuit against OpenAI and Microsoft, alleging the unauthorized use of its content for the training of generative artificial intelligence and large-language model systems.
OpenAI in a January 8 blog post said: “Our goal is to develop AI tools that empower people to solve problems that are otherwise out of reach. People worldwide are already using our technology to improve their daily lives. Millions of developers and more than 92% of Fortune 500 are building on our products today.”
The AI startup said it empowers individuals to address complex problems and improve their daily lives. While OpenAI disagrees with the claims made in the lawsuit, it sees this as an opportunity to clarify its business practices, intentions, and the technology it builds.

OpenAI's position is summarized in four key points:

Collaboration with News Organizations and Creating New Opportunities
OpenAI actively engages with news organizations to explore opportunities, address concerns, and provide solutions. The organization seeks to support a healthy news ecosystem, be a reliable partner, and create mutually beneficial opportunities. Partnerships with the Associated Press, Axel Springer, American Journalism Project, and NYU showcase OpenAI's dedication to working alongside the media industry.

Training as Fair Use with an Opt-Out Option
OpenAI asserts that training AI models using publicly available internet materials falls under fair use, supported by established precedents. Despite this, OpenAI prioritizes ethical considerations and has implemented an opt-out process for publishers to prevent their content from being accessed by its tools. This practice, adopted by The New York Times in August 2023, reflects OpenAI's commitment to responsible AI use.

Addressing the "Regurgitation" Issue
OpenAI acknowledges the rare occurrence of "regurgitation," a bug in its models, and emphasizes ongoing efforts to minimize it. The organization has implemented measures to prevent inadvertent memorization and expects users to responsibly engage with its technology. OpenAI emphasizes the importance of providing a broad education to its AI models, drawing from diverse sources to solve new problems.

Clarifying The New York Times' Lawsuit
OpenAI expresses surprise and disappointment at The New York Times' lawsuit, citing constructive discussions leading up to December 19. The focus was on a potential high-value partnership that would benefit both parties. OpenAI contends that The New York Times' content does not significantly contribute to its model training and refutes claims of intentional misuse. OpenAI said it is hopeful for a constructive partnership.