OpenAI Fires Back at New York Times’ Lawsuit, Claims Hacking

The New York Times' lawyer says the actions referred to as hacking in OpenAI's filing could also be described as prompt engineering or red-teaming.

OpenAI accuses New York Times of hacking AI models in copyright lawsuit

In a recent legal battle between OpenAI and The New York Times (NYT), OpenAI has asked a federal judge to dismiss parts of the copyright lawsuit filed by the newspaper. OpenAI alleges that The NYT “paid someone to hack ChatGPT” and other AI systems to fabricate evidence for the case. According to OpenAI, The NYT used deceptive prompts that violated OpenAI’s terms of use to manipulate its technology.

OpenAI did not reveal the identity of the individual it claims The NYT employed to manipulate its systems, avoiding making direct accusations of the newspaper violating anti-hacking laws. In response to OpenAI’s claim of hacking, The NYT’s attorney, Ian Crosby, argues that OpenAI is attempting to use its products to find evidence of alleged theft and reproduction of the newspaper’s copyrighted work.

The lawsuit was initiated by The NYT in December 2023 against OpenAI and Microsoft, the leading financial supporter of OpenAI. The lawsuit accuses OpenAI of unauthorized use of millions of NYT articles to train chatbots that provide information to users. The lawsuit draws on both the United States Constitution and the Copyright Act to protect the original journalism of The NYT. It also points out Microsoft’s Bing AI, claiming that it creates verbatim excerpts from NYT content.

The New York Times is not alone in taking legal action against tech companies over the alleged misuse of copyrighted content in AI training. Other groups, such as authors, visual artists, and music publishers, have also filed similar lawsuits.

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OpenAI has previously asserted that training advanced AI models without using copyrighted works is nearly impossible. In a filing to the United Kingdom House of Lords, OpenAI argued that training leading AI models would be infeasible without incorporating copyrighted materials, as copyright covers a wide range of human expressions.

Tech firms argue that their AI systems use copyrighted material fairly and that these lawsuits threaten the growth of a potential multitrillion-dollar industry.

Courts have yet to determine whether AI training falls under fair use as defined by copyright law. However, some infringement claims related to generative AI system outputs have been dismissed due to insufficient evidence showing resemblance to copyrighted works.

Q&A: What You Need to Know About the OpenAI vs. New York Times Lawsuit

Q: Why has OpenAI asked a federal judge to dismiss parts of The New York Times’ copyright lawsuit?

A: OpenAI claims that The NYT “paid someone to hack ChatGPT” and other AI systems, which they believe was done to generate misleading evidence for the lawsuit. OpenAI argues that The NYT manipulated its technology using deceptive prompts that violated OpenAI’s terms of use.

Q: What is The New York Times accusing OpenAI of?

A: The NYT alleges that OpenAI engaged in unauthorized use of millions of NYT articles to train chatbots. The lawsuit cites the United States Constitution and the Copyright Act to defend the original journalism of The NYT. The lawsuit also mentions Microsoft’s Bing AI, claiming that it creates verbatim excerpts from NYT content.

Q: Why are other copyright holders filing similar lawsuits against tech firms?

A: Other copyright holders, such as authors, visual artists, and music publishers, are also suing tech companies for alleged misuse of their content in AI training. These lawsuits aim to protect copyrighted materials and ensure that tech firms are fairly compensating copyright holders for the use of their work.

Q: Is training advanced AI models without copyrighted material feasible?

A: OpenAI argues that training leading AI models without incorporating copyrighted materials is nearly impossible. Copyright covers a wide range of human expressions, and according to OpenAI, AI models heavily rely on incorporating copyrighted materials to achieve their advanced capabilities.

Q: Are tech firms concerned about the impact of these lawsuits on the AI industry?

A: Yes, tech firms argue that these lawsuits threaten the potential growth of a multitrillion-dollar industry. They claim that their AI systems use copyrighted material fairly and that the lawsuits could hinder innovation and development in the field of AI.

Looking Ahead: The Future of AI and Copyright Lawsuits

As the legal battle between OpenAI and The New York Times unfolds, it brings to light significant considerations for the future of AI and copyright laws. While courts have yet to determine if AI training falls under fair use as defined by copyright law, it is clear that the misuse of copyrighted material in AI training is a contentious issue.

Tech firms, including OpenAI, argue that incorporating copyrighted material is essential for training advanced AI models. They emphasize the need for a fair and balanced approach that respects copyright holders’ rights while also allowing for innovation and growth in the AI industry.

Moving forward, there is a need for clearer guidelines and legal frameworks that address the intricacies of AI training and the usage of copyrighted material. This would provide clarity for both tech companies and copyright holders and help foster a more productive and harmonious relationship between the two.

In the meantime, it is crucial for AI developers and copyright holders to find common ground and explore mutually beneficial collaborations. By working together, they can establish frameworks that protect copyright while enabling the development of AI technologies that benefit society as a whole.

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