From Pine View Farm

Artificial? Yes. Intelligent? Not So Much. 0

Noah Feldman, Bloomberg columnist and (I did now that he is a) Harvard law professor, takes a look at the New York Times’s suit against Microsoft and OpenAI for copyright infringement. I can’t say that it’s an exciting read, but, given the who-shot-john and over-the-top hype about “AI,” I think it’s a worthwhile one.

Here’s a bit:

Once you know the law, you can guess roughly how the legal arguments in the case are going to go. The New York Times will point to examples where a user asks a question of ChatGPT or Bing and it replies with something substantially like a New York Times article. The newspaper will observe that ChatGPT is part of a business and charges fees for access to its latest versions, and that Bing is a core part of Microsoft’s business. The New York Times will emphasize the creative aspects of journalism. Above all, it will argue that if you can ask an LLM-powered search engine for the day’s news, and get content drawn directly from The New York Times, that will substantially harm and maybe even kill The New York Times’ business model.

Most of these points are plausible legal arguments. But OpenAI and Microsoft will be prepared for them. They’ll likely respond by saying that their LLM doesn’t copy; rather, it learns and makes statistical predictions to produce new answers.

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