Other laws will have a large effect.
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/
Eziefula believed there are “some noticeable omissions” in how OpenAI has responded so far. “For example, when setting out its position in relation to the US concept of ‘fair use’, OpenAI alludes to the right under EU law that permits Text and Data Mining (TDM). However, OpenAI does not consider the limitations to that right, notably that it only applies to ‘lawfully accessible works’.
“In light of this, it is important to note that The New York Times has a paywall to access articles. OpenAI also doesn’t state whether, when scraping training data from the internet, it considers opt-outs that are not expressed in its required technical format.
“It is also not clear how OpenAI treats information that may have been made available online by a third party unlawfully (e.g. when a third-party website unlawfully publishes a copy of a New York Times article), which ChatGPT is then trained on. This was a key issue raised by The Authors Guild in a separate lawsuit brought against OpenAI earlier in 2023.”