Today, OpenAI responded to the lawsuit by the New York Times in the OpenAI Blog. The New York Times are alleging copyright infringement and OpenAI is calling it Fair Use. OpenAI states that the NYT content is used by OpenAI to train their LLMs including ChatGPT, but that the NYT content alone is not that integral to the model.
We had explained to The New York Times that, like any single source, their content didn’t meaningfully contribute to the training of our existing models and also wouldn’t be sufficiently impactful for future training.
OpenAI Blog
Training AI models using publicly available internet materials is fair use, as supported by long-standing and widely accepted precedents. We view this principle as fair to creators, necessary for innovators, and critical for US competitiveness.
Open AI Blog