The Intercept is among the media outlets that have taken legal action against OpenAI and Microsoft for using journalists’ work without permission or credit to train ChatGPT. This lawsuit highlights the vulnerability of digital news outlets to AI misuse.
Not limited to The Intercept, even celebrities like Scarlett Johansson have accused OpenAI of mimicking their voices without consent. Larger publications have also raised concerns about OpenAI’s treatment of human labor. However, digital outlets face unique challenges in safeguarding their content.
OpenAI and Microsoft have tried to dismiss The Intercept’s lawsuit, but the case, based on a violation of the Digital Millennium Copyright Act, remains in federal court. The Intercept alleges that OpenAI and Microsoft used copyrighted stories to train ChatGPT without compensating publishers or acknowledging authors.
Various media outlets, including traditional and digital ones, have sued OpenAI for copyright infringement. The Intercept and other digital outlets highlighted that their content was used by OpenAI without proper attribution. The case is set to be heard in June.
The Intercept’s lawsuit is unique due to the challenges digital outlets face in protecting their content. While traditional print publications have easier copyright registration processes, online-only outlets like The Intercept have to register each article individually.
In the absence of traditional copyright infringement claims, The Intercept turned to the DMCA to challenge OpenAI and Microsoft. The lawsuit alleges violations of the DMCA provisions related to copyright management information removal.
The district court will decide the fate of The Intercept’s lawsuit next month. If dismissed, OpenAI could continue using journalists’ work to train ChatGPT without repercussions.
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