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• Open AI responds to The New York Times lawsuit

On 8 January, Open AI responded to the lawsuit against it and Microsoft, started by The New York Times in December 2023.

You can see The New York Times article about its lawsuit here, and its complaint here.

You can see Open AI’s response here.

Open AI contends that using third party content to train large language models is ‘fair use’ under US copyright law, but that it provides content creators with an opportunity to ‘opt out’ because ‘it is the right thing to do’. It also says that ‘regurgitation’ of content used for training is rare, and is being addressed.

You can see The New York Times article on Open AI’s response here.

Australian copyright law does not include a US-style ‘fair use’ exception.