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New York Times (NYT) Lawsuit Against OpenAI

  • Context (IE): The New York Times (NYT) has filed a lawsuit against OpenAl and Microsoft, accusing them of unlawful use of copyrighted content for building their Al models.
  • The lawsuit claims that responses manufactured by the Al models, especially ChatGPT, illegally leverage the NYT’s original journalistic content and substitute for The Times, thus stealing its audience depriving it of potential revenue.
  • Generative Al platforms like ChatGPT and Google’s Bard have instigated debate on internet IP rights over original content, which these platforms use as a foundation for creating their responses.
  • The case could shape the legal boundaries around intellectual property (IP) rights in the context of generative Al platforms which synthesize original content creators’ works through algorithms, producing new information.
  • The definition of ‘author’ under the Indian Copyright Act of 1957 doesn’t consider that Al systems merely work on the base dataset prepared using copyrighted work from other authors. It’s suggested that such laws worldwide need reimagining considering Al applications.

A Brief History of OpenAI

  • OpenAI was set up in 2015 as a non-profit AI research organisation to develop artificial general intelligence (AGI).
  • Around 2017, OpenAI introduced the idea of Generative Pre-trained Transformers (GPTs).
  • In 2019, OpenAI ‘transitioned’ into two organisations:
    1. OpenAI Global LLC: A ‘capped-profit’ organisation (with a maximum return on investment capped at 100 times the original amount).
    2. OpenAI Inc: The non-profit sole controlling shareholder in OpenAI Global LLC.
  • OpenAI made headlines in 2022 after it released ChatGPT, based on the GPT-3.5 architecture.
  • Currently, ChatGPT based on GPT-4 architecture is also available.
  • Artificial general intelligence (AGI): Capable like humans in every task.
  • Artificial narrow intelligence (ANI): Better than humans in one specific task. E.g., autonomous driving
  • Artificial super intelligence (ASI): Better than humans in every task.

Generative Pre-trained Transformer (GPT)

  • A GPT is a neural network or a machine learning model which functions like a human brain.
  • It is trained on large datasets to generate answers to users’ questions.
  • ChatGPT is a conversational artificial intelligence (AI) chatbot.

For details on Language Models and Machine Learning > {GS3 – S&T – AI} Lack of Safety Guardrails in AI-Language Models

Laws Governing IPR in India



The Copyright Act, 1957

Registrar of Copyrights

Dept for Promotion of Industry & Internal Trade (DPIIT) (Min. of Commerce)

Indian Patents Act, 1970

Controller General of Patents, Designs & Trade Marks, DPIIT (Min. of Commerce)

The Designs Act, 2000

Trade Marks Act, 1999

Geographical Indications of Goods (Registration and Protection Act) 1999

Geographical Indications Registry, DPIIT

Semiconductor Integrated Circuits Layout-Design Act, 2000

Ministry of Information Technology

Protection of Plant Varieties and Farmers’ Rights Act, 2001

Ministry of Agriculture

Biological diversity Act, 2002

National Biodiversity Authority, Ministry of Environment

For detailed information on IPR >Intellectual Property Rights.

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