OpenAI’s argument is very weak.
Lee and Gimmelmann 24 – former Adjunct Scholar at the CATO Institute, M.A. in Computer Science from Princeton University; Professor of Digital and Information Law Cornell Tech and Cornell Law School, J.D. from Yale Law School.
Timothy Lee and James Grimmelmann, “Why The New York Times might win its copyright lawsuit against OpenAI,” 02-20-2024, https://arstechnica.com/tech-policy/2024/02/why-the-new-york-times-might-win-its-copyright-lawsuit-against-openai/
These defendants could win in court—but they could lose, too. As we’ll see, AI companies are on shakier legal ground than Google was in its book search case. And the courts don’t always side with technology companies in cases where companies make copies to build their systems. The story of MP3.com illustrates the kind of legal peril AI companies could face in the coming years.