Regarding the reporting a week ago that Meta considered buying Simon & Schuster to strip mine the catalog for LLM training, the publisher’s ceo Jonathan Karp told a NYT podcast he was just as surprised by the news as you were: “It was really quite an experience for me. So Saturday morning I was eating my breakfast and reading the New York Times…eating my Grape-Nuts… And this was total news to me! I had no idea that this conversation was going on. The story was quoting private conversations that nobody knew about. This really was news to everybody. I’ve checked. […]
Legal
New York Lawsuits Against OpenAI Will Proceed
US District Judge Sidney Stein, in New York’s Southern District ruled that a host of New York-based copyright infringement lawsuits against OpenAI, Microsoft and others can proceed. Judge Stein rejected efforts by the Joseph Saveri Law Firm, which represents multiple creator groups in California-based lawsuits, to block or consolidate the New York suits. Those suits include author actions led by the Authors Guild, and followed by other groups of authors, as well as the suit filed by the New York Times. The newspaper’s suit was initially thought to be one of the stronger sets of allegations. As Judge Stein noted, […]
AAP, Publishers Oppose IA’s Appeal
The AAP, Hachette, Wiley, PRH, and Harper Collins filed a brief with the Second Circuit Court of Appeals opposing the Internet Archive’s appeal of the copyright lawsuit they lost last year. District Court Judge John Koeltl’s verdict granting summary judgment just under a year ago was clear, overwhelming, and rooted in Second Circuit precedent. So the plaintiffs’ arguments are largely the same as the those that won them the case. Despite the IA’s assertion that they were doing it for the common good, their copying and distribution of in-copyright books — under the invented legal theory of controlled digital lending […]
NYT Responds to OpenAI’s “Hacking” Claims
The New York Times responded to OpenAI’s motion to dismiss the paper’s copyright lawsuit, which claimed that the Times “hacked” Chat-GPT in queries to get responses that support their case. According to the Times’ response, OpenAI’s claim is “as irrelevant as it is false.” “OpenAI’s true grievance is not about how The Times conducted its investigation, but instead what that investigation exposed: that Defendants built their products by copying The Times’s content on an unprecedented scale—a fact that OpenAI does not, and cannot, dispute,” lawyers for the paper state in their filing. That OpenAI used the Times’s copyrighted material to […]
Author David Goggins Sues Amazon Over Counterfeit Copies
Author and former Navy Seal David Goggins is suing Amazon for selling counterfeit copies of his 2018 self-published book Can’t Hurt Me on its third party marketplace. In a suit filed on February 23 in the US District Court for the Western District of Seattle, Goggins alleges that the retailer knowingly sold bootleg copies of the book, as well as summaries that included Goggins’ images, and other products based on the book, despite Goggins’ repeated efforts to get the materials removed. According to the suit, Can’t Hurt Me has sold seven million copies to date. (Circana Bookscan has recorded US […]
Judge Dismisses Parts of Author Suits Against OpenAI
Ninth Circuit District Court Judge Aracelli Martinez-Olguin in California dismissed four of the more technical counts brought by authors against OpenAI in multiple lawsuits. The decision follows other rulings in being skeptical that the output of generative AI—even if it is significantly similar to an original work—is a violation of the creator’s copyright. Notably, however, the foundational claim—that training OpenAI on a massive corpus of copyrighted works without permission violates copyright—was not challenged at this stage, and will proceed. Also notable is that Judge Martinez-Olguin did allow another important claim of the plaintiffs to go forward, which is the allegation […]