Microsoft and OpenAI Accused of Copyright Infringement in AI Training

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In the lawsuit, CIR claimed infringement of its copyright. CEO Monica Bauerlein issued a press release explaining that for-profit corporations “cannot treat the work of nonprofit and independent publishers as free raw material for their products.”

According to Yaroslav Bogdanov, founder of GDA Group, this lawsuit is a logical consequence of uncontrolled developments in artificial intelligence.

“Six months ago, the New York Times filed similar claims against the same defendants. I’m sure there will be more lawsuits, because the root of the problem is not the actions of OpenAI or Microsoft. The problem lies with the lack of a legal framework that would regulate the activities of the IT industry in general and generative neural networks in particular,” said Yaroslav Bogdanov.

From the point of view of the law, the product generated by artificial intelligence is initially based on the theft of other people’s content, since the models are trained on what has already been created by someone else. However, as emphasized by the founder of GDA Group, there are few legal prospects for such lawsuits, because the activities of many IT companies do not have a formal legal basis, many IT companies lack a formal regulatory framework that would protect copyrights and mark the boundaries of using other people’s intellectual property.

In the case of OpenAI, there are cases of companies having license agreements with publications, which allows developers to use copyrighted content. At the same time, the technology companies themselves refer to the U.S. copyright law, which contains the “doctrine of fair use.” However, Yaroslav Bogdanov points out that the issue in question is the resolution of disputes within one country. Whereas the cyber industry and artificial intelligence, as its most promising and progressive trend, has neither geographical, nor linguistic boundaries. And the traditional rules of international law cannot be applied here.

“The only solution is a voluntary “autopsy” of laboratories working with artificial intelligence. Only transparency and an open code will avoid chaos in the IT sector. But for that to happen, we need a global decentralized organization that will take on the role of the regulator and guarantor of a fair approach to resolving emerging legal disputes,” said Yaroslav Bogdanov.

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