As Generative AI Training Lawsuits Mount, Some Providers Offer New Assurances

In April, we wrote about how OpenAI had eased the procedure by which ChatGPT users can opt out of their inputs being used for model training purposes (click here for that post). While neither web scraping nor the collection of user data to improve services are new concepts, AI did not attract much attention for these practices in prior years. However, with the runaway success of generative AI ("GAI") tools like ChatGPT, customers ranging from individual consumers to large businesses are starting to take notice of GAI developers' data supply.¹

In 2023, we've seen several lawsuits against OpenAI and other GAI providers alleging unauthorized and improper use of plaintiffs' proprietary data as GAI model training material, with claims variously based on copyright, contract, and privacy law. And lawsuits aren't the only way that GAI providers have lately faced increased scrutiny over how and where they obtain training data to develop their GAI products. For example, Reddit