The first wave of copyright litigation concerning generative artificial intelligence (GenAI) is well underway. Of the many early cases working their way through trial courts, one that stands out is New York Times Co. v. Microsoft, No. 1:23-cv-11195 (S.D.N.Y).  In part, because the Times’s complaint includes two distinguishing features missing from other complaints: a detailed description of how OpenAI trains its large language model, GPT-4; and actual examples of verbatim reproductions of NYT content produced by ChatGPT, its GPT-4 powered consumer-facing chatbot.

Anjali Dalal, counsel at Wiggin and Dana. Courtesy Photo

The complaint is compelling enough that OpenAI was moved to post a lengthy response on its website, before even filing a responsive pleading.

Kate Cassidy, partner at Wiggin and Dana. Courtesy Photo