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Part 21 - COUNT III: Contributory Copyright Infringement - Against Microsoft

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The New York Times Company v. Microsoft Corporation Court Filing December 27, 2023 is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This is part 21 of 27.

COUNT III: Contributory Copyright Infringement

Against Microsoft

174. The Times incorporates by reference and realleges the preceding allegations as though fully set forth herein.


175. Microsoft materially contributed to and directly assisted in the direct infringement attributable to the OpenAI Defendants.


176. Microsoft provided the supercomputing infrastructure and directly assisted the OpenAI Defendants in: (i) building training datasets containing millions of copies of Times Works; (ii) storing, processing, and reproducing the training datasets containing millions of copies of Times Works used to train the GPT models; (iii) providing the computing resources to host, operate, and commercialize the GPT models and GenAI products; and (iv) providing the Browse with Bing plug-in to facilitate infringement and generate infringing output.


177. Microsoft knew or had reason to know of the direct infringement perpetrated by the OpenAI Defendants because Microsoft and OpenAI’s partnership extends to the development, commercialization, and monetization of the OpenAI Defendants’ GPT-based products. Microsoft was fully aware of the capabilities of OpenAI’s GPT-based products.




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This court case 1:23-cv-11195 retrieved on December 29, 2023, from nycto-assets.nytimes.com is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.


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