Ruling against OpenAI crushes all AI development and innovation.

Adam Clark Estes, “How copyright lawsuits could kill OpenAI,” Vox, 01-18-2024, https://www.vox.com/technology/2024/1/18/24041598/openai-new-york-times-copyright-lawsuit-napster-google-sony

Depending on who you ask, what’s at stake is either the future of the news business, the future of copyright law, the future of innovation, or, specifically, the future of OpenAI and other generative AI companies. Or all of the above.

Ideally, Congress would step in to settle the debate, but as James Grimmelmann, a professor of digital and information law at Cornell Law School, told me: “Congress does not like to legislate on copyright unless there’s a consensus of most of the players in the room — and there’s not anything resembling that consensus right now. So Congress may hold hearings and talk about it, but we’re really far from any legislative action.”

So which is it? Advocates of technological innovation would say that AI technology is full of promise and we’d better not stifle that while it’s in the early days of development. Media companies would say that even exciting technology companies need to pay when they use copyrighted content, and if we give AI a free pass, journalism as we know it could eventually cease to exist.

The consensus of casual observers and legal experts alike is that this New York Times lawsuit is a big deal. Not only does the Times appear to have a solid case, but OpenAI has a lot to lose — perhaps its very existence.