As OpenAI Is Sued by Media
Companies Fair Use and First
Amendment Raised in Arguments
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Jan 14 –
Fiction writers and the
Authors Guild have sued OpenAI
and on November 29 the intial
pre-trial conference was held
before U.S. District Court for
the Southern District of New
York Judge Sidney H. Stein.
Inner City Press was there, thread.
Jump cut to
January 14, 2025, oral
arguments, from the thread:
NYT's lawyer: We
are looking back into when
OpenAI's plans to be
for-profit went.
Daily News'
lawyer: In OpenAI's brief,
their only argument on statute
of limitations is plaintiffs
should have discovered this
prior to April 2021. They
don't say how the Daily News
should have been aware.
The fair use
issue is for later in the
case.
Daily News
lawyer: Consider the CoPilot,
when asked "find me material
for my blog" delivers up
content from the Daily News
without naming the source, and
says, Go ahead and use it.
Judge Stein:
You're arguing this allows
massive wrongdoing? A:
Absolutely
Media lawyer:
Look at these articles that
got copied: lunar eclipse
story, triple homicide, Yankee
schedule. It's even more
free-riding when you consider
local school's basketball
scores. OpenAI copies that,
and WireCutter. This is harm
Media lawyer:
Citing WireCutter may even
cause more harm, if it falsely
claims WireCutter
recommendation, if the product
gets recalled. We recommend
Black Friday Sales - it is
time sensitive. What is the
relevant news cycle... We
believe we can prove all
elements
Judge
Stein: Thanks- I have a lot to
think about, you'll get an
opinion in due course.
One case is
Authors Guild et al v. OpenAI
Inc. et al., 23-cv-8292
(Stein)
***
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