In a recent legal development, a group of nonfiction writers has initiated a class-action lawsuit against OpenAI and Microsoft, alleging the unauthorized use of their copyrighted materials in training the AI chatbot ChatGPT. The suit, led by Julian Sancton, author of the New York Times bestseller Madhouse at the End of the Earth: The Belgica’s Journey Into the Dark Antarctic, asserts that OpenAI and Microsoft have neglected copyright laws for their financial gain, building a business valued in the tens of billions of dollars on the combined works of humanity without proper consent.
Allegations of blatant copyright infringement
The lawsuit, filed by law firm Susman Godfrey LLP, contends that OpenAI and Microsoft have ignored copyright laws, exploiting the intellectual property of authors without compensation. The plaintiffs argue that the extensive time, effort, and financial resources invested by authors in creating their works are being utilized without permission. Sancton, for instance, spent five years and tens of thousands of dollars conducting research for his bestselling book, which has now become part of the dataset used to train ChatGPT.
Exploiting protected expression
The lawsuit claims that in training their AI models, OpenAI and Microsoft have reproduced copyrighted material, exploiting elements of protectible expression such as style, word choice, and the arrangement of facts. The plaintiffs assert that this constitutes a violation of the very essence of copyright protection. Despite the substantial value attributed to OpenAI, the authors argue that neither OpenAI nor Microsoft compensates them for their intellectual property, characterizing the OpenAI platform as engaging in “rampant theft” of copyrighted works.
Damages and restitution sought
The plaintiffs are seeking damages, restitution, and an injunction to permanently halt the alleged infringement of their rights. The lawsuit positions itself as part of a broader legal challenge against the use of copyrighted materials in AI platforms, acknowledging that while no clear victory has been achieved in previous cases, they may set a precedent for future claims. Notably, this case is unique in naming Microsoft alongside OpenAI as a defendant, highlighting the complex relationship between the two companies.
Legal landscape and precedent-setting cases
The legal landscape surrounding AI and copyright infringement is evolving, with several cases challenging the use of copyrighted materials in AI-generated content. Notably, a district judge in a separate case against AI-generated image service providers acknowledged the potential for a future victory for copyright claimants, paving the way for a nuanced evaluation of copyright violations in the AI context.
Similarly, a class-action lawsuit against GitHub’s Copilot AI-driven coding assistant questions the legality of training the AI on public GitHub repositories. The outcome of this case, filed on behalf of potentially millions of coders, is currently pending, reflecting the ongoing debate on the intersection of technology, particularly AI, and intellectual property rights.
Public opinion and the tech evolution
While legal battles unfold, public opinion remains divided on the validity of copyright infringement lawsuits in the rapidly evolving landscape of technology, particularly AI. The case against OpenAI and Microsoft adds to a series of legal challenges questioning the ethical and legal boundaries of AI applications. As technology continues to advance, these legal battles may shape the future framework for protecting intellectual property in the digital age.
In response to requests for comments, neither Microsoft nor OpenAI has immediately issued statements, leaving the outcome of the lawsuit and its potential impact on the AI industry uncertain. The class-action suit, with its unique combination of authors and technology giants, adds complexity to the ongoing discourse surrounding copyright infringement in the AI domain.
