Why Is The New York Times Suing OpenAI And Microsoft?

The New York Times has joined the ranks of companies, comedians, authors, music publishers and artists alleging that using their works for training generative AI is copyright infringement. The Times, as in previously filed lawsuits, also claims that the content generated by AI applications can constitute copyright infringement. OpenAI and Microsoft disagree, claiming " fair use," a legal doctrine that permits the unlicensed use of copyright-protected works in certain circumstances.

Is AI training considered fair use, or do these companies face liability for copyright infringement? While this question will be decided by the courts, we outline arguments for and against finding infringement below.