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Microsoft seeks to dismiss parts of lawsuit filed by The New York Times| GuyWhoKnowsThings

Microsoft filed a motion in federal court on Monday seeking to dismiss parts of a lawsuit filed by The New York Times Company.

The times defendant Microsoft and its partner OpenAI on December 27, accusing the two companies of infringing its copyright by using its articles to train artificial intelligence technologies such as the online chatbot ChatGPT. Chatbots compete with the media as a reliable source of information, according to the lawsuit.

In its motionfiled in the US District Court for the Southern District of New York, Microsoft argued that large language models, or LLMs, the technologies that power chatbots, did not supplant the market for news articles and other materials in those who were trained.

The tech giant compared LLMs to video recorders, arguing that both are permitted by law. “Despite the Times' claims, copyright law is no more an obstacle to the LLM than it was to the VCR (or the piano, the photocopier, the personal computer, the Internet, or the search engine). ”the motion said.

In the late 1970s, movie studios sued Sony over its Betamax VCR, arguing that it would allow people to illegally copy movies and television shows. But the courts ultimately determined that making these copies for personal viewing was fair use under the law.

Microsoft's motion was similar to one made by OpenAI last week. Microsoft said three parts of the lawsuit should be dismissed in part because The Times failed to show actual harm.

The Times had argued, for example, that if readers use Microsoft's chatbot to search for recommendations from the Times-owned review site Wirecutter, it loses revenue from users who would have clicked on its referral links. Microsoft argued that the Times' lawsuit did not offer “real-world facts that suggest a significant diversion of revenue from Wirecutter.”

Microsoft and The New York Times Company had no immediate comment.

The Times was the first major American media company to sue Microsoft and OpenAI over copyright issues related to their written works. Writers, computer encoders and other groups They have also filed copyright lawsuits against companies that create generative AI, technologies that generate text, images and other media.

Like other AI companies, Microsoft and OpenAI built their technology by feeding it huge amounts of digital data, some of which is likely protected by copyright. Artificial intelligence companies have claimed that they can legally use such material to train their systems without paying for it because it is public and they do not reproduce the material in its entirety.

In its lawsuit, The Times included examples of OpenAI technology reproducing excerpts from its articles almost verbatim. Microsoft said training the technology on such items was “fair use” under the law because chatbots were a “transformative” technology that created something new with copyrighted material. However, he did not attempt to dismiss arguments against “fair use,” saying he would address these issues later.

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