OpenAI, Microsoft Execs’ Quotes Threaten AI Copyright Defense, News Outlets Argue

OpenAI and Microsoft executives privately described their AI products as substitutes for journalism, according to court filings made public that the New York Times and other news outlets say gut the tech companies’ fair-use defense in a closely watched copyright case.

OpenAI and its largest financial backer, Microsoft, have argued in the Manhattan federal court case that their AI training on millions of newspaper articles is protected as fair use because it transforms copyrighted material into new content and does not compete with or replace the news organizations’ journalism.

Previously redacted portions of the filing made public on Sept. 17 revealed quotes from OpenAI co-founder and president Greg Brockman, Microsoft CEO Satya Nadella and others during the discovery process that the news organizations say “eviscerate” the companies’ fair-use defense to the infringement claims.

The outlets quoted OpenAI’s head of ChatGPT, Nick Turley, as saying that publishers face an “existential threat” from their products, which are “largely substitutive” and “will get more and more substitutive as they get better.”

Spokespeople for OpenAI did not immediately respond to requests for comment on the filing.