纽约时报修订诉讼，指控微软为OpenAI建造版权侵权超级计算机
《纽约时报》周四提交经大量编辑的法庭文件，提议修订对OpenAI和微软的版权诉讼，明确指控微软通过建造全球最强大的超级计算系统之一，主动鼓励OpenAI窃取其作品。此举源于最高法院在Cox案中确立的新帮助侵权标准，要求原告证明被告有意诱导非法行为。《纽约时报》认为新证据显示该超级计算机专为帮助OpenAI未经许可训练AI而设计，其文章在训练数据中被加权处理。微软称修订是“挽救不利先例的最后手段”。
NYT将矛头指向微软定制的超级计算机，指控其蓄意协助侵权，这一升级可能让公平使用抗辩失效，我觉得任何建立在全网爬取上的模型都该紧张了。
NYT targets Microsoft supercomputer
In 2023, the NYT became the first major publisher to sue OpenAI. The prominent newspaper alleged that ChatGPT was illegally trained on its articles, infringed on its copyrights by outputting articles verbatim, and caused market harms by positioning ChatGPT as a substitute for a NYT subscription, as well as reputational harms by falsely attributing claims to NYT reporting. Additionally, ChatGPT outputs summarizing Wirecutter reviews robbed writers of commissions from lost clicks on affiliate links, the NYT alleged.
In the initial complaint, the NYT discussed Microsoft’s supercomputing systems as if they were providing generic cloud computing services. The updated complaint seeks to specify that the supercomputer was tailor-made to help OpenAI infringe and allege that it was built for the explicit purpose of training AI on copyrighted works without permission. And as the NYT alleged, its articles were more heavily weighted by this system, as both firms hoped to train models on the highest-quality journalism possible, so that level of writing could be confidently mimicked in outputs.
By building this “unusually complex” machine, Microsoft not only helped select the works that were infringed but also provided a means to seize copyrighted works without permission, the NYT alleged.
“Microsoft specifically designed it for the purpose of using essentially the whole Internet—curated to disproportionately feature Times Works—to train the most capable LLM in history,” the NYT alleged.
And now it’s allegedly unfairly profiting.
“Microsoft’s deployment of Times-trained LLMs throughout its product line helped boost its market capitalization by a trillion dollars in the past year alone,” the NYT alleged.
Model outputs show market harms, NYT alleged
For the NYT, outputs shared during discovery—including a huge chunk of users’ ChatGPT sessions—remain some of the strongest evidence that OpenAI and Microsoft built tools that allegedly replaced the NYT by producing near-verbatim excerpts of its copyrighted works.
In some cases, users told ChatGPT they were trying to skirt paywalls and were able to see significant chunks of articles by requesting to see the “next paragraph.” In other cases, “models simply spit out several paragraphs” without such finagling. To prove market harms caused by substitution, they shared examples in their complaints of side-by-side comparisons, as well as screenshots of allegedly infringing outputs:
来源：Ars Technica：AI（RSS） · arstechnica.com