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Nonfiction writers sue OpenAI and Microsoft for alleged copyright infringement, stating their works were used without permission to train ChatGPT.
Authors claim OpenAI and Microsoft disregarded copyright laws, exploiting their intellectual property without compensation for the time and resources invested in creating their works.
The legal action seeks damages and an injunction, contributing to the ongoing debate on copyright issues in the evolving field of AI technology.
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. Not

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