The New York Times denied the allegations brought up by OpenAI against them, claiming that it did not hack the company's renowned AI chatbot, ChatGPT, to bring the claims they presented in court. This AI copyright infringement lawsuit from NYT is now using this opportunity to learn more about the extent of ChatGPT's infringement of their articles, as well as using the chatbot to bypass its paywall.
That being said, OpenAI still argues that what NYT threw against them are mere 'bugs' that the company intends to fix in future versions of the chatbot.
NYT Denies OpenAI 'Hack' Claims in Latest Filing
NYT responded to OpenAI's hacking claims, denying the latest response of the AI company that it illegally accessed its systems and networks to build the claims against the company. It presented a memorandum of law that looks to go against OpenAI's partial motion to dismiss filed last week, claiming that OpenAI's "attention-grabbing claim that The Times 'hacked' its products is as irrelevant as it is false."
Moreover, NYT defended its alleged 'tactics' which made "tens of thousands of attempts to generate" the reproduced Times articles from ChatGPT. OpenAI defended this saying that it is a 'bug," centering on model hallucination and data regurgitation.
NYT Wants to Catch ChatGPT Paywall Bypass, Infringement
However, in this recent filing, NYT admitted that it does not know how many of its articles were used to train GPT-3 and other AI models from OpenAI as the media outlet claimed that it was not publicly disclosed. Through this tactic, it was looking into how much ChatGPT infringed on The Times and tracked the full extent of its illegal access.
Moreover, NYT also argued that a previous feature introduced in ChatGPT, "Browse by Bing," helped users to bypass and retrieve content beyond what was included in its dataset, and in this case, the news outlet's paywall. Through this, it infringes on The Times' content as ChatGPT paraphrases the written content in real-time to offer to its users.
The New York Times vs. OpenAI and ChatGPT
Last year, The New York Times is best known for banning the many AI companies on the rise from using its media archives and data from the internet for training large language models. This also included OpenAI, with the agency changing its terms of service (TOS) which prevents them from accessing information, directed to any software program, and highlighting AI.
NYT later escalated the case it had with OpenAI and Microsoft to a copyright infringement case, and before the year ended, the news outlet served up this new complaint against the partner companies in AI. In this suit, NYT allegedly claimed that the companies used their archives and news releases to train its ChatGPT and Copilot, illegally reproducing their copyrighted content.
OpenAI recently clapped back against NYT, claiming that the news outlet hacked their systems to build these allegations which it brought in court. However, NYT denied all these claims and still stands strong with its case against OpenAI, now looking to use this opportunity to get new evidence from discovery to build the copyright infringement case and prove if ChatGPT was used for bypassing its paywalled content.
Related Article : OpenAI Slams New York Times Copyright Lawsuit with 'Hacking' Claims
