OpenAI Insists on Peeking at New York Times Journalists' Jottings
In the ever-evolving saga of legal battles in the tech world, OpenAI’s recent maneuver against the New York Times (NYT) takes center stage. The artificial intelligence giant, backed by Microsoft, is facing accusations of copyright infringement from the venerable newspaper. However, OpenAI is not taking this lying down; they are demanding a treasure trove of journalist notes and records as part of the discovery process. This move, which Bloomberg describes as unprecedented, appears to be a clever, albeit contentious, strategy to exhaust the NYT’s resources and potentially coerce them into a settlement.
For context, the NYT claims that OpenAI’s ChatGPT has been trained on their articles without permission, leading to a significant copyright clash. OpenAI’s legal team is pushing for the NYT to produce notes, interview memos, and other related materials from around 10 million articles, spanning a century of journalism. The AI firm’s argument hinges on the need to determine whether these articles are copyrightable. They maintain that examining the reporters’ original notes is crucial to establish the originality of the articles, thus affecting the copyright claims.
Critics argue that this demand is not only excessive but also strategically designed to create a financial strain on the NYT. Doug Lichtman, a law professor at UCLA, describes the situation as a “bet-the-company fight” for OpenAI. The imbalance is stark; while the NYT has a limited budget for such legal entanglements, OpenAI possesses the resources to drag the case out, potentially forcing a settlement. This tactic could deprive the court of addressing significant copyright questions, thereby tilting the scales of justice in favor of the tech behemoth.
Beyond the financial implications, OpenAI’s demand raises serious concerns about press freedom and the protection of journalistic sources. The concept of reporter’s privilege allows journalists to keep their sources confidential, a cornerstone of investigative journalism. Ian Crosby, lead counsel for the NYT, emphasizes that courts typically protect press freedom by preventing litigants from abusively seeking irrelevant reporting materials. The NYT contends that OpenAI’s sweeping request is not only improper but also poses a chilling effect on journalists, potentially deterring them from pursuing sensitive stories.
Legal experts like IP attorney Jason Bloom argue that news articles are typically considered copyrightable without much dispute. The burden of proving otherwise falls heavily on OpenAI, making their request appear even more like a strategic ploy than a legitimate legal necessity. The NYT’s filing suggests that OpenAI’s request might be a deliberate attempt to intimidate and wear down the newspaper, rather than a genuine effort to resolve the copyright issue.
As this legal drama unfolds, it underscores the broader tension between traditional media and emerging artificial intelligence technologies. The outcome of this case could set significant precedents for copyright law in the digital age, influencing how content is protected and used by tech companies. While OpenAI’s strategy may be viewed as a clever legal maneuver, it also highlights the lengths to which tech companies might go to shield themselves from copyright claims, even at the expense of press freedom and journalistic integrity.
