Opening Word document…

It would destabilize the AI industry.

Carey 24 – Intellectual Property Attorney at Sunstein, J.D. from the University of New York at Buffalo.

Thomas Carey, “The New York Times v. OpenAI: The Biggest IP Case Ever,” JD Supra, 01-11-2024, https://www.jdsupra.com/legalnews/the-new-york-times-v-openai-the-biggest-5149037/

Thus, while these cases justified significant copying on fair use grounds, it is by no means clear that OpenAI will meet with similar success. If the New York Times were to prevail in court, it would likely obtain the largest intellectual property infringement judgment ever awarded and cause the makers of large language models to re-think their methodologies. If OpenAI and Microsoft were to succeed, their continued ingestion of content from the New York Time and other leading newspapers (among them, the LA Times, The Guardian and the Chicago Tribune) could add yet another impediment to the survival of independent journalism.

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