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How to track the flurry of copyright battles as AI creates a legal quagmire

Action in the courts has led to some significant decisions with huge implications for AI companies. The rapidly evolving AI field finds the rights of copyright holders in uncharted territory as the courts examine the issue.

Jon Keegan

When ChatGPT hit the scene, soon followed by other AI chatbots, a lot of the public was delighted at the seemingly magical powers of this wondrous technology.

But as people began to understand how these AI models were trained, writers and artists were alarmed to see how copyright concerns seemed to be brushed aside in pursuit of innovation at a breakneck pace. Once creatives discovered that their own words and images were part of large training sets widely shared in the AI community, lawyers’ phones starting ringing.

This week, a flurry of activity in the courts has sent mixed signals to AI companies. The good news for the firms is that two judges sided with model makers, agreeing that training on copyrighted works is “transformational” enough to satisfy the “fair use” doctrine. The bad news is that the judge in one of the cases said that “every factor points against fair use” in the case of pirated works used to train models.

Here’s a handy tracker that we’ll update with the latest developments as we watch big cases move through the courts.

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Meta wins in FTC antitrust trial

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Congress votes to end shutdown

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Jon Keegan

OpenAI: The New York Times is forcing us to turn over 20 million ChatGPT conversations

A judge in the The New York Times’ copyright lawsuit against OpenAI (and Microsoft) has ordered that the ChatGPT maker hand over the conversations of 20 million users to the Times’ lawyers, in an effort to find examples of copyright violations.

Today, OpenAI is lobbying the public in a last-ditch effort to prevent the release, which is due Friday:

The New York Times is demanding that we turn over 20 million of your private ChatGPT conversations. They claim they might find examples of you using ChatGPT to try to get around their paywall. This demand disregards long-standing privacy protections, breaks with common-sense security practices, and would force us to turn over tens of millions of highly personal conversations from people who have no connection to the Times’ baseless lawsuit against OpenAI.”

If the company’s final appeals to the court do not succeed, OpenAI explains that it will de-identify the chat logs, scrub any personally identifying information from the chats, and that technical experts hired by The New York Times’ legal team will be the only ones who can examine the data, which will be tightly controlled.

Today, OpenAI is lobbying the public in a last-ditch effort to prevent the release, which is due Friday:

The New York Times is demanding that we turn over 20 million of your private ChatGPT conversations. They claim they might find examples of you using ChatGPT to try to get around their paywall. This demand disregards long-standing privacy protections, breaks with common-sense security practices, and would force us to turn over tens of millions of highly personal conversations from people who have no connection to the Times’ baseless lawsuit against OpenAI.”

If the company’s final appeals to the court do not succeed, OpenAI explains that it will de-identify the chat logs, scrub any personally identifying information from the chats, and that technical experts hired by The New York Times’ legal team will be the only ones who can examine the data, which will be tightly controlled.

Big four airlines sink as Transportation Secretary Duffy says parts of US airspace could close if shutdown continues

The US may close parts of its airspace as early as next week if the government shutdown continues, according to comments made by Transportation Secretary Sean Duffy on Tuesday.

“If you bring us to a week from today, Democrats, you will see mass chaos. You will see mass flight delays. Youll see mass cancellations, and you may see us close certain parts of the airspace, because we just cannot manage it,” Duffy said at a news briefing on Tuesday.

The shutdown, which entered its 35th day on Tuesday, has fueled already problematic shortages of air traffic controllers. This week, airlines said 3.2 million passengers have faced delays or cancellations because of the shortages. Last week, about 13,000 air traffic controllers and 50,000 TSA agents received their first $0 paycheck amid the shutdown.

Shares of the big four US airlines all sank on Duffy’s comments, with United Airlines, American Airlines, and Delta Air Lines all down more than 5%.

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