Court filings reveal an executive described content scraping as unprecedented theft as copyright litigation continues.
In a court document made public on 17 September, The New York Times stated that Microsoft Applied Science Director Brent Hecht called the use of news articles for artificial intelligence training an impressive theft of unprecedented proportions. Hecht also described the practice as possibly the greatest theft of labor in human history. A Microsoft spokesperson told AFP that Hecht's remarks represent the personal opinion of one employee and do not reflect the position of the company.
The New York Times sued OpenAI and Microsoft three years ago in a New York federal court, accusing them of misusing copyrighted content to train ChatGPT. OpenAI allegedly extracted content from more than 10 million articles, with nearly one-third coming from The New York Times. Microsoft made its initial investment in OpenAI in 2019. Multiple other media groups have joined the lawsuit, including Ziff Davis, the owner of CNET, alongside the parent company of Mother Jones, The Intercept, and several local US newspapers.
OpenAI and Microsoft maintain that their use of content is protected under the US fair use doctrine, arguing that AI development transforms the underlying works. In early September, the US Department of Justice filed a brief supporting OpenAI and Microsoft, citing scientific progress, economic growth, and national security. The plaintiffs have requested a summary judgment from US Federal Judge Sidney Stein, with any decision not expected before 2027.
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