In a recent legal development, nonfiction authors Nicholas Basbanes and Nicholas Gage have initiated a lawsuit against Microsoft and OpenAI in Manhattan federal court. The authors allege that their works were improperly used to train artificial intelligence (AI) models, including the widely used ChatGPT chatbot.
This proposed class action asserts that Microsoft and OpenAI violated the copyrights of Basbanes and Gage by incorporating segments of their books into the data used for training OpenAI's GPT large language model. The authors contend that their intellectual property was utilized without due compensation or authorization.
As of now, representatives from Microsoft and OpenAI have not provided comments or responses to inquiries about the lawsuit.
This legal action is part of a growing trend, with multiple writers—both in fiction and nonfiction—filing lawsuits against tech companies. The crux of these legal battles revolves around the alleged unauthorized use of authors' works for training AI programs.
Notable figures such as comedian Sarah Silverman and "Game of Thrones" author George R.R. Martin have previously taken legal action against tech companies, claiming the misuse of their creative content in AI training datasets.
Adding to the legal scrutiny, The New York Times joined the ranks of those pursuing legal action against OpenAI and Microsoft. Last week, the news organization filed a lawsuit over the alleged use of its journalists' work for training AI applications.
Basbanes and Gage, both former journalists, are represented by Michael Richter, their legal counsel. Richter expressed strong disapproval, stating that it is "outrageous" for companies to leverage their works to power a multibillion-dollar industry without providing proper compensation.
This lawsuit raises pertinent questions about the intersection of AI technology and intellectual property rights. As AI models, such as OpenAI's GPT, become integral to various applications and services, concerns about the ethical use of training data and the compensation owed to content creators have gained prominence.
The evolving landscape of AI ethics and legalities underscores the need for a delicate balance between technological advancements and respecting the intellectual contributions of writers and creators. The outcome of these lawsuits may set precedents for future engagements between content creators and tech companies in the AI space.
As the legal proceedings unfold, it remains to be seen how the courts will navigate the complexities of AI training practices, copyright infringement, and the responsibilities of tech entities toward the original contributors of the content used to train their advanced AI models.
