Mercury News and other papers sue Microsoft, OpenAI over the new artificial intelligence

WASHINGTON, DC – MAY 16: Samuel Altman, CEO of OpenAI, testifies before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law May 16, 2023 in Washington, DC. The committee held an oversight hearing to examine A.I., focusing on rules for artificial intelligence.

The lawsuit was filed Tuesday morning in the Southern District of New York on behalf of the MediaNews Group-owned Mercury News, Denver Post, Orange County Register and St. Paul Pioneer-Press; Tribune Publishing’s Chicago Tribune, Orlando Sentinel and South Florida Sun Sentinel; and the New York Daily News.

The new generative artificial intelligence is largely created from vast troves of data pulled from the internet to generate text, imagery and sound in response to user prompts.

Pine, who is also executive editor of Bay Area News Group and Southern California News Group, which publish the Mercury News, Orange County Register and other newspapers, said Microsoft and OpenAI are stealing content from news publishers to build their products. Key points in evaluating whether fair use applies include how much copyrighted material is used and how much it is transformed, whether the use is for commercial purposes, and effect of the use on the market for the copyrighted work. Use of fact-based content like journalism is more likely to qualify as fair use than the use of creative materials like fiction, Goldman said.

Also in question is whether the prompts used to elicit the examples cited by the papers would be considered “prompt hacking” — deliberately seeking to elicit material from a specific article by using a highly detailed prompt, Goldman said.

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