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The Times v Microsoft/OpenAI: Unauthorized Public Display of Times Works in GPT Product Outputs (12)by@legalpdf
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The Times v Microsoft/OpenAI: Unauthorized Public Display of Times Works in GPT Product Outputs (12)

by Legal PDF: Tech Court CasesJanuary 2nd, 2024
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Defendants directly engaged in the unauthorized public display of Times Works as part of generative output provided by their products built on the GPT models.

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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 12 of 27.

IV. FACTUAL ALLEGATIONS

C. Defendants’ Unauthorized Use and Copying of Times Content

3. Unauthorized Public Display of Times Works in GPT Product Outputs


102. Defendants directly engaged in the unauthorized public display of Times Works as part of generative output provided by their products built on the GPT models. Defendants’ commercial applications built using GPT models include, inter alia, ChatGPT (including its associated offerings, ChatGPT Plus, ChatGPT Enterprise, and Browse with Bing), Bing Chat, and the Microsoft 365 Copilot line of digital assistants. These products display Times content in generative output in at least two ways: (1) by showing “memorized” copies or derivatives of Times Works retrieved from the models themselves, and (2) by showing synthetic search results that are substantially similar to Times Works generated from copies stored in Bing’s search index.


103. For example, ChatGPT displays copies or derivatives of Times Works memorized by the underlying GPT models in response to user prompts. Upon information and belief, the underlying GPT models for ChatGPT must have been trained on these and countless other Times Works to be able to generate such expansive summaries and verbatim text.


104. Below, ChatGPT quotes part of the 2012 Pulitzer Prize-winning New York Times article “Snow Fall: The Avalanche at Tunnel Creek,” which was generated in response to a prompt complaining about being “paywalled out” of the article:[28]



105. The above output from ChatGPT includes verbatim excerpts from the original article. The copied article text is highlighted in red below:



106. Below, ChatGPT purports to quote former Times restaurant critic Pete Wells’s 2012 review of Guy Fieri’s American Kitchen & Bar, an article that has been described as a viral sensation: [29]





107. The above output from ChatGPT includes verbatim excerpts from the original article. The copied article text is highlighted in red below:




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[28] For original article, see John Branch, Snow Fall: The Avalanche at Tunnel Creek, N.Y. TIMES (Dec. 13, 2012), https://www.nytimes.com/projects/2012/snow-fall/index.html#/?part=tunnel-creek.


[29] For original article, see Pete Wells, As Not Seen on TV, N.Y. TIMES (Nov. 13, 2012),

https://www.nytimes.com/2012/11/14/dining/reviews/restaurant-review-guys-american-kitchen-bar-in-timessquare.html.



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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.