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ARTICLE · 02 FEBRUARY 2024

NYT v OpenAI: The Publishing Sector's AI Content-Scraping Conundrum

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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TDM is an essential tool in developing intelligent applications that require large volumes of raw text and data to ‘self-learn'. Developers of the most advanced Generative AI tools...

United KingdomIntellectual Property

Text and Data Mining (TDM) – and "web scraping" more generally – has been thrust into the spotlight with the recent explosion of Generative AI. At the heart of the issue lies a tension between AI companies on the one hand and publishers on the other.

TDM is an essential tool in developing intelligent applications that require large volumes of raw text and data to 'self-learn'. Developers of the most advanced Generative AI tools on the market have carried out vast amounts of TDM, relying heavily on repositories of web crawl data scraped from the internet as a means of "training" the Large Language Models (LLMs) that underpin their clever AI machine-learning algorithms.

Conversely, news and content publishers (Publishers) own the copyright in the content and articles they make available online. They typically monetise this content through user subscriptions (to access paywalled content) and/or third party advertising revenue (by displaying ads to users on the

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