OpenAI filed a motion in federal court on Monday that seeks to dismiss some key elements of a lawsuit brought by The New York Times Company.
The Times sued OpenAI and its partner Microsoft on Dec. 27, accusing them of infringing on its copyrights by using millions of its articles to train A.I. technologies like the online chatbot ChatGPT. Chatbots now compete with the news outlet as a source of reliable information, the lawsuit said.
In the motion, filed in U.S. District Court for the Southern District of New York, the defendants argue that ChatGPT “is not in any way a substitute for a subscription to The New York Times.”
“In the real world, people do not use ChatGPT or any other OpenAI product for that purpose,” the filing said. “Nor could they. In the ordinary course, one cannot use ChatGPT to serve up Times articles at will.”
OpenAI did not dispute in its filing that it “copied millions of The Times’s works to build and power its commercial products without our permission,” Ian B. Crosby, a partner at Susman Godfrey and the lead counsel for The Times, said in a statement.
“What OpenAI bizarrely mischaracterizes as ‘hacking’ is simply using OpenAI’s products to look for evidence that they stole and reproduced the Times’s copyrighted works,’ he said. “And that is exactly what we found.”
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