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The New York Times’ lawsuit against OpenAI and Microsoft underscores the growing tension between journalistic content creators and artificial intelligence developers. The newspaper alleges that these companies illegally used its articles to train their models without permission or compensation, thereby creating substitute products that threaten the economic viability of quality journalism. This legal action marks a more aggressive stance toward the expansion of chatbots, contrasting with licensing agreements signed by other media outlets. The case raises profound implications for intellectual property rights in the digital age. The newspaper argues that the unauthorized use of its work, which tech companies characterize as transformative, constitutes misappropriation that diverts audience and resources away from the original creators. By rejecting commercial agreements on the grounds that the technology is novel, the companies face the challenge of determining whether training algorithms on copyrighted data requires prior authorization and fair compensation to the original sources. This situation is highly relevant to the open data community, as it questions the boundaries between public accessibility and commercial exploitation. While the open data movement promotes transparency and the free use of information, this litigation demonstrates that “open” does not always mean “free of restrictions” when it comes to creative work protected by copyright. The ruling could determine whether human-generated data, such as journalism, is excluded from AI training, establishing a crucial precedent regarding remuneration and ethics in the access to public versus private information.

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Published on 2023-12-28

Open Data

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