Predictions impossible BUT uncertainty means err aff.
Tobitt 24 – UK Editor at the Press Gazette.
Charlotte Tobitt, “Legal experts say OpenAI has ‘case to answer’ in showdown with New York Times,” Press Gazette, 01-11-2024, https://pressgazette.co.uk/media_law/new-york-times-openai-microsoft-ip-experts/
“Given the assertions and evidence given by The New York Times, it’s likely that the case has merit. However, there will be some technical points of copyright law which have probably not yet been considered by the courts in this context, on which a lot may turn.”
‘It seems that there is a case for OpenAI to answer’
Several of the lawyers noted the case is hard to predict because it touches on untested parts of copyright law.
Nick Eziefula, partner and AI and intellectual property specialist at Simkins, said: “Generally, copyright legislation was not written with current AI scenarios in mind. Much will therefore depend on the court’s chosen interpretation. Given the inherent uncertainty on the issues, it seems that there is a case for OpenAI to answer,” he said.