This Week in Startups

AI on Trial: Inside the NY Times vs. OpenAI Lawsuit with Cecilia Ziniti | E1874

Jan 4, 2024

01:16:20

Snipd AI

Guest Cecilia Ziniti discusses the NY Times vs. OpenAI lawsuit, fair use, legal complexities of data scraping, and possible ramifications. They explore the impact on AI, copyright arguments, fan fiction, copyrightability of facts and data, challenges in startup funding, determining the impact of Chat GPT, content licensing challenges, and potential outcomes of the case.

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Quick takeaways

The purpose and character of use is a crucial factor in determining fair use, and OpenAI's transformative use argument could be applicable in the New York Times vs. OpenAI case.

OpenAI could justify their use of a small percentage of the New York Times content for training their language model by emphasizing the overall quality and diversity of the content.

OpenAI could argue that their use of the New York Times content does not compete with or replace the market for the original articles, highlighting the unique value their language model provides.

Deep dives

The Purpose and Character of Use

The purpose and character of use is a crucial factor in determining fair use. The court considers whether the use is for parody, commentary, education, or other transformative purposes. In the case of OpenAI using the New York Times content, OpenAI could argue that they are using the content to train their language model to advance the state of the art in AI, which could be considered a transformative use.

Introduction

3min

Fair Use and Training in Copyright Law

9min

Scaling a Startup and the Importance of Structure

2min

Defending Oneself and Copyright

7min

4min

Copyrightability of Facts and Data

7min

Challenges in Startup Funding and the Concept of Fairness in Intellectual Property

3min

Determining the Impact of Chat GPT on New York Times Archives

16min

Content Licensing Challenges and Personalized Alarms

12min

10.

The Potential Outcomes of the Copyright Case

12min

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Today’s show:

Cecilia joins Jason for an in-depth discussion about the New York Times versus OpenAI case, delving into the intricacies of fair use and analyzing the Fair Use Test (6:07), examining the legal complexities surrounding data scraping for Large Language Models (28:21), exploring possible ramifications of this legal confrontation between these titans (40:06), and more!

Timestamps:

(0:00) Cecilia Joins Jason

(2:44) Cecilia’s Background in Law

(3:44) Jumping into the case of NY Times vs OpenAI.

(6:07) Exploring Fair Use legal tests

(11:57) MEV - Get $30,000 off your first three months at http://www.mev.com/twist

(13:50) The case of Roy Orbison vs Two Live Crew and the music industry’s rules on fair use.

(19:04) Picking apart the defense of attribution.

(22:22) Northwest Registered Agent - Get a 60% discount on your next LLC at http://www.northwestregisteredagent.com/twist

(24:43) Fair Use Test: Factors two and three

(28:21) Legal challenges in data scraping for LLMs

(32:40) Paintbrush - Visit http://www.getpaintbrush.com to see if you qualify for a $50K startup loan in less than 2 minutes