ChatGPT-maker braces for fight with New York Times and authors on 'fair use' of copyrighted works

A barrage of high-profile lawsuits in a New York federal court will test the future of ChatGPT, which allegedly ingested huge troves of copyrighted human works.

A barrage of high-profile lawsuits in a New York federal court will test the future of ChatGPT and other artificial intelligence products that wouldn't be so eloquent had they not ingested huge troves of copyrighted human works.

But are AI chatbots — in this case, widely commercialised products made by OpenAI and its business partner Microsoft — breaking copyright and fair competition laws? Professional writers and media outlets will face a difficult fight to win that argument in court.

“I would like to be optimistic on behalf of the authors, but I’m not. I just think they have an uphill battle here,” said copyright attorney Ashima Aggarwal, who used to work for academic publishing giant John Wiley & Sons.

One lawsuit comes from The New York Times. Another from a group of well-known novelists such as John Grisham, Jodi Picoult and George R.R. Martin. A third from bestselling nonfiction writers, including an author of the Pulitzer Prize-winning biography on which the hit movie “Oppenheimer” was based.

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Each of the lawsuits makes different allegations, but they all center on the San Francisco-based company OpenAI “building this product on the back of other peoples’ intellectual property,” said attorney Justin Nelson, who is representing the nonfiction writers and whose law firm is also representing the Times.

“What OpenAI is saying is that they have a free ride to take anybody else’s intellectual property really since the dawn of time, as long as it’s been on the internet,” Nelson said.