Prior cases support OpenAI.
Smith 24 – Technology Journalist at IEEE Spectrum.
Matthew Smith, “The New York Times Wants ChatGPT Gone. Nice Try Copyright murkiness is about the only sure thing that lies ahead,” IEEE Spectrum, 01-06-2024, https://spectrum.ieee.org/chatgpt-new-york-times
Even so, the suit’s victory isn’t certain. Mike Masnick, founder and editor of the technology policy publication Techdirt, points out that prior cases, such as the Authors Guild lawsuit against Google Books, set a precedent that may protect the use of copyrighted data to train AI.
“I go back to the most important similar case, which is the Google Books case,” says Masnick. “[Google] scanned books in order to create a giant search engine of books. That was very much a commercial entity, for a commercial purpose...that involved scanning entire copyrighted books and building a massive index of all those works.” Google argued that Google Books was transformative fair use and prevailed.