OpenAI’s Tactics Test First Amendment in New York Times Fight
OpenAI’s effort to force The New York Times to hand over reporting notes behind millions of articles allegedly used to train ChatGPT could be a hardball tactic to run up the newspaper’s legal bills or stall its copyright infringement suit, according to several intellectual property and First Amendment attorneys.
OpenAI Inc. has adopted an aggressive discovery stance against New York Times Co. over the past several months, and the parties ultimately have reached an impasse.
“The standard for copyrightability for authorship is really low, so it’s a tough bar for OpenAI to hit anyway,” William Stroever, IP attorney with Cole Schotz PC said.
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As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.
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