edit: Would be very funny if OpenAI used an educational fair use defense
> As outlined in the lawsuit, the Times alleges OpenAI and Microsoft’s large language models (LLMs), which power ChatGPT and Copilot, “can generate output that recites Times content verbatim, closely summarizes it, and mimics its expressive style.” This “undermine[s] and damage[s]” the Times’ relationship with readers, the outlet alleges, while also depriving it of “subscription, licensing, advertising, and affiliate revenue.”
Absolutely not copyright infringement
> mimics its expressive style
Absolutely not copyright infringement
> can generate output that recites Times content verbatim
This one seems the closest to infringement, but still doesn't seem like infringement. A printer has this capability too. If a user told ChatGPT to recite NYT content and then sold that content, that would be 100% infringement, but would probably be on the user, not the tool. e.g. if someone printed out NYT articles and sold them, nobody would come after the printer manufacturer.
> undermine[s] and damage[s]” the Times’ relationship with readers, the outlet alleges, while also depriving it of “subscription, licensing, advertising, and affiliate revenue.
This claim seems far fetched as the point of the NYT is to report the news. One thing that LLMs absolutely cannot do is report today's news. I can see no way that ChatGPT is a substitute for the NYT in a way that violates copyright.
> e.g. if someone printed out NYT articles and sold them, nobody would come after the printer manufacturer.
If the printer manufacturer had a product that could take one sentence and it would print multiple pages that complete a news article from that sentence, ...