The New York Times Company v. Microsoft Corporation Court Filing December 27, 2023 is part of . You can jump to any part in this filing . This is part 14 of 27. HackerNoon’s Legal PDF Series here IV. FACTUAL ALLEGATIONS C. Defendants’ Unauthorized Use and Copying of Times Content 5. Willful Infringement 124. Defendants’ unauthorized reproduction and display of Times Works is willful. Defendants were intimately involved in training, fine-tuning, and otherwise testing the GPT models. Defendants knew or should have known that these actions involved unauthorized copying of Times Works on a massive scale during training, resulted in the unauthorized encoding of huge numbers of such works in the models themselves, and would inevitably result in the unauthorized display of such works that the models had either memorized or would present to users in the form of synthetic search results. In fact, in late 2023 before his ouster and subsequent reinstatement as OpenAI’s CEO, Sam Altman reportedly clashed with OpenAI board member Helen Toner over a paper that Toner wrote criticizing the company over “safety and ethics issues related to the launches of ChatGPT and GPT-4, including regarding copyright issues.” 125. The Times specifically put Defendants on notice that these uses of Times Works were not authorized by placing copyright notices and linking to its terms of service (which contain, among other things, terms and conditions for the use of its works) on every page of its websites whose contents Defendants copied and displayed. Upon information and belief, Defendants intentionally removed such copyright management information (“CMI”) from Times Works in the process of preparing them to be used to train their models with the knowledge that such CMI would not be retained within the models or displayed when the models present unauthorized copies or derivatives of Times Works to users, and thereby facilitate or conceal their infringement. 126. Upon information and belief, Defendants were aware of many examples of copyright infringement after ChatGPT, Browse with Bing, and Bing Chat were released, some of which were widely publicized. In fact, after the release of ChatGPT and Bing Chat, The Times reached out to Defendants to inform them that their tools infringed its copyrighted works. Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case 1:23-cv-11195 retrieved on December 29, 2023, from 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. nycto-assets.nytimes.com

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The Times v. Microsoft/OpenAI: Defendants’ Unauthorized Use and Copying of Times Content (14)

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