From JD Supra:

The New York Times sues Microsoft and Open AI for copyright infringement, alleging data scraping from the internet to train AI. OAI responds with motions to dismiss, including a hired gun hacker defense that intrigues attorney Ralph Losey. Substantive copyright issues skipped in article. Hypothesis raised about fake evidence in case.

NYT complaint in court with seven causes of action against OAI challenges AI companies’ free data harvesting. Complaint alleges OAI reproducing NYT’s copyrighted works. OAI counters with hired gun hacker defense, accusing NYT of fabricating evidence. Legal experts argue over potential success of NYT’s lawsuit and impact on AI industry.

NYT complaint has 176,814 pages of exhibits, including Exhibit “J” with 100 examples of GPT-4 replicating NYT content. Debate over authenticity of evidence and potential manipulation by hired gun hacker. OAI’s motion to dismiss invokes hacker defense, speculating on lone genius or small team responsible. Outcome rests on discovery phase.

Microsoft and OAI respond to NYT complaint with motions to dismiss. Microsoft’s argument uses VCR player analogy, while OAI’s hired gun hacker defense stands out. Ralph Losey explores implications of defense involving generative AI software hacking and prompt engineering. Case highlights tension between AI advancement and legal copyright protection.



Read more at JD Supra: OpenAI Generates a ‘Hired Gun Hacker’ Defense to the N.Y. Times Copyright Case | EDRM – Electronic Discovery Reference Model