In a recently filed court document that has been significantly redacted, The New York Times is seeking to modify its copyright lawsuit against OpenAI and Microsoft. The goal is to refine an existing claim and assert that Microsoft has actively facilitated OpenAI's alleged infringement of NYT's copyrighted material by creating a custom supercomputing system that ranks among the world's most powerful.
This motion by the NYT follows a Supreme Court ruling favoring Cox Communications in a case where Sony unsuccessfully argued that the Internet service provider was complicit in music piracy. This ruling has established a new benchmark for contributory infringement, requiring that plaintiffs demonstrate intentional actions to incite unlawful behavior. Acknowledging this shift in legal context, the NYT aims to update its claims against Microsoft to conform to this new standard.
Graham James, a spokesperson for the NYT, commented, “Today, we requested the court's approval to submit an amended complaint that enhances our position, specifically clarifying our contributory infringement assertion against Microsoft, supported by new legal precedents and evidence found during the discovery process.”
Alongside the refinement of its claims, the NYT has decided to voluntarily drop two assertions of contributory copyright infringement and trademark dilution against all parties involved.
A Microsoft representative responded to these developments by stating to Ars that the company perceives the amended complaint as “a last-ditch effort by the plaintiff to salvage its claims given the adverse precedents established in other recent decisions.”
Despite this, the NYT contended in its motion that allowing the amended complaint would not disadvantage Microsoft or OpenAI. They emphasized that as legal standards evolve, it is necessary for plaintiffs to adjust their arguments accordingly, and they assured the court that the timeline for the case would remain intact since “The Times does not seek any additional discovery in support of its amended claims.”
James reiterated the NYT’s long-standing assertion: “As we have continually claimed, Microsoft has actively encouraged OpenAI to infringe on our copyrighted material. Our amended claim aims to clarify and strengthen our arguments while maintaining the essence of our original allegations—that Microsoft and OpenAI illicitly appropriated millions of The Times’s copyrighted works to gain a competitive edge and unlawfully benefit themselves.”
