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OpenAI and Microsoft's Own Words Haunt Them in NYT Lawsuit
Newly unsealed filings show OpenAI and Microsoft executives privately calling AI products 'substitutive' and an 'existential threat' to publishers, weakening their fair-use defense.
Updated

The brief
- Microsoft recorded 83-93% drops in click-through rates for NYT and Daily News domains when comparing Bing Search with its Copilot chatbot.
- OpenAI's head of ChatGPT Nick Turley wrote that publishers face an 'existential threat' from OpenAI's products, which are 'largely substitutive, period'.
- Evidence of paywall circumvention could put OpenAI in violation of the Digital Millennium Copyright Act, a 1998 U.S. federal law.
Based on Digiday; nytimes.com
Filed under openai, microsoft, nyt-lawsuit, publishers, ai-copyright
Tom Whitfield
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Staff writer covering consumer brands and retail at Marketing Herald.
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