In addition, third-party services in the OpenAI store are specifically marketed to bypass their paywalls, they say. The plaintiffs show that ChatGPT can reproduce content from copyrighted news articles when prompted. “On information and belief, Microsoft and OpenAI are currently or will imminently commence making additional copies of the Publishers’ Works to train and/or fine-tune the next generation GPT-5 LLM,” the complaint adds. This alleged unauthorized use remains ongoing, the newspapers claim, and it will likely continue in the future. GPT-3, for example, has 175 billion parameters and includes the ‘WebText2’ and ‘Common Crawl’ databases that both contain material owned by the plaintiffs. The complaint alleges that the newspapers’ articles are prominent parts of the training material for OpenAI’s models. “Defendants are taking the Publishers’ work with impunity and are using the Publishers’ journalism to create GenAI products that undermine the Publishers’ core businesses by retransmitting ‘their content’-in some cases verbatim from the Publishers’ paywalled websites-to their readers.” Training On and Reproducing Copyrighted Articles This has a direct effect on the newspapers’ revenues, they argue. In addition, ChatGPT can recall large parts of their copyright-protected articles, which effectively bypasses their paywalls. The New York Daily News, Chicago Tribune, Orlando Sentinel, Sun-Sentinel, Mercury News, Denver Post, Pioneer Press, and Orange County Register, claim that the AI companies used their publications to train and develop ChatGPT models without obtaining permission. In this case, eight major news publications are suing OpenAI and Microsoft for copyright infringement. Keeping pace with the constant stream of legal paperwork is a challenge, but a complaint filed at a New York federal court yesterday deserves to be highlighted. These rightsholders all object to the presumed use of their work without proper compensation. The list of complainants includes record labels, book authors, visual artists, a chip maker, and news publications. Starting last year, various rightsholders have filed lawsuits against companies that develop AI models.

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