AI Execs' Substitution Comments Threaten Fair-Use Defense in Copyright Case

OpenAI and Microsoft executives' comments may undermine their fair-use defense in a copyright case against news organizations. The New York Times, along with other outlets, say that quotes from OpenAI's co-founder Greg Brockman, Microsoft CEO Satya Nadella, and others show the companies knew their AI products were substituting for journalism.

The lawsuit claims OpenAI and Microsoft used millions of articles without permission to train ChatGPT. The news organizations argue that this use is not transformative and therefore not protected by fair use.

Microsoft spokespersons responded to the quotes, saying Nadella's comment did not undermine the company's defense. They also said Hecht's comment was an individual perspective and not representative of the company's views.