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Testing Ethical Boundaries. The New York Times Sues Microsoft And OpenAI On Copyright Concerns

Governance and Ethics in AI

As I predicted in my 2024 AI musings ahead, the Responsible AI (aka ethical lawsuits) are now well underway and they will become far more litigious as the New Year unfolds against the practice of using generative AI methods. These AI methods use large language models (LLMs) and they need lots and lots of data to train them. Unfortunately, technology leaders have scraped the world-wide web, and many other sources without permission, hence challenging “fairness” practices on copyright.

The 2023 year end whopper case to watch is The New York Times is suing OpenAI and Microsoft for billions, accusing them of training their generative AI “chatGPT” models with millions of copyright newspaper articles without permission, a new case filed in late December, 2023 in the Manhattan Federal court.

The claim states that: "Defendants seek to free-ride on the Times's massive investment in its journalism by using it to build substitutive products without permission or payment.. There is nothing 'transformative' about using the Times's content without payment to create products that substitute for the Times and steal audiences away from it."

OpenAI has also responded and said: "We respect the rights of content creators and owners and are committed to working with them to ensure they benefit from AI technology and new revenue models”, on CBC News.

The ethical dynamics of not setting up the right partnership in the first place is another disappointment in the ethical leadership practices of the Tech Titans.

This is not the first law suit filed against OpenAI. Earlier this fall, the Author’s Guild., with support from seventeen prominent U.S. authors like; George R.R. Martin, John Grisham and Jodi Picoult alleging the company had pirated hundreds of books online without permission or compensation.

Furthermore, the authors allege "flagrant and harmful infringements of plaintiffs' registered copyrights" and called the ChatGPT program a "massive commercial enterprise" that is reliant upon "systematic theft on a mass scale."

OpenAI has prior argued in court on other lawsuits on their copyright infringement that the training of AI systems using copyrighted material is fair use of content.

We are going to see a flood of legal suits on generative AI in 2024 against Meta, Microsoft, and more against OpenAI.

We have at least seen Apple announce an ethical approach to discussing upfront with the US Media giants their interest in partnering on AI generative AI training needs and finding new revenue sharing models.

Smart Move by Apple.

Should Microsoft and OpenAI be held responsible for billions of dollars in damages?

This lawsuit is one to be watched and this conversation is long overdue. With ChatGPT sometimes generating, "exact verbatim excerpts" from New York Times articles, which cannot be accessed without paying for a subscription this seems like an infringement.

This all comes after a month of chaos at OpenAI where Sam Altman CEO and founder was ousted, and then over the weekend was reinstated, firing his board of directors as there were concerns by the prior board on how serious he was leading Ethical AI practices.

At this time, none of these cases have been resolved. But one thing we can count on generative AI will come under a great deal more scrutiny as 2024 unfolds.

The court’s rulings here will be critical to advance ethical AI practices and guard rails on what is “fair” versus predatory.

We have too many leadership behaviors that encroach on others Intellectual Property (IP) and try to mask or muddy the authenticity of communication and sources of origination of ideas and content. Some realities simply are values based on what is right or wrong. The court rulings will be critical to advance ethical AI governance.

I for one will be following these cases closely and this also sends a wake -up call to all technology titans, and technology industry leaders that respect, integrity and transparency on operating practices need an ethical overhauling.

One of the important leadership behaviors is risk management and looking at all stakeholder views and appreciating the risks that can be incurred. I am keen to see how Apple approaches these dynamics to build a stronger ethical brand profile.

Note: Microsoft has invested more than $10 billion in OpenAI. Open AI is currently valued at $100B, and Microsoft’s market cap is over over $2.3 trillion.