According to a class action lawsuit filed by scholars Nicholas Basbanes and Nicholas Gage, Microsoft has been accused of infringing on their rights by utilizing data from their publications to train OpenAI’s LLM for ChatGPT and other services, as stated by the Manhattan federal prosecutor. Nicholas Gage, a former employee of The Wall Street Journal and The New York Times, is highlighted as a respected intellectual in America with a master’s degree from Columbia University’s Graduate School. The lawsuit seeks compensation for authors whose work has been used without permission to educate AI models.
The legal action also references a lawsuit filed by The New York Times against the same individuals, emphasizing the importance of trademark owners receiving payment for the use of their work. Basbanes and Gage’s attorney criticized technology companies for profiting from copyrighted content without compensating the creators, describing it as an unjust practice that has resulted in a lucrative secondary economy.
Basbanes and Gage are demanding damages from Microsoft and OpenAI while urging them to cease using trademarked data for AI training. They aim to represent a collective of authors whose works have been consistently misappropriated, seeking compensation for copyright infringement, lost opportunities, and economic harm caused by the defendants. The authors also seek a permanent injunction to prevent future infringements.
It is worth noting that Microsoft’s involvement with OpenAI has faced previous scrutiny regarding privacy violations and unauthorized access to personal information for AI training. Artists Paul Tremblay and Mona Awad had previously alleged that their work was unlawfully accessed by ChatGPT. Furthermore, investigations by the FTC and CMA have been initiated into Microsoft and OpenAI’s collaboration concerning potential anti-trust violations.
