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Microsoft argues Supreme Court’s VCR ruling should doom NYT’s OpenAI lawsuit


Microsoft: Copyright law "no more an obstacle to the LLM than it was to the VCR."

"Despite The Times's contentions, copyright law is no more an obstacle to the LLM [large language model] than it was to the VCR (or the player piano, copy machine, personal computer, Internet, or search engine)," Microsoft wrote. The NYT lawsuit complains that OpenAI and Microsoft's AI products use LLMs "that were built by copying and using millions of The Times's copyrighted news articles, in-depth investigations, opinion pieces, reviews, how-to guides, and more." "Through Microsoft's Bing Chat (recently rebranded as 'Copilot') and OpenAI's ChatGPT, Defendants seek to free-ride on The Times's massive investment in its journalism by using it to build substitutive products without permission or payment," the lawsuit said.

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