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Artificial Intelligence vs. Intellectual Property Protection

Artificial Intelligence vs. Intellectual Property Protection

Serbia
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In December 2023, The New York Times (“NYT”) filed a lawsuit against Microsoft and OpenAI for alleged copyright infringement and misuse of intellectual property, all related to the popular AI chatbot ChatGPT.

Subject of dispute

In this lawsuit, NYT is claiming “for Microsoft and OpenAI to be held accountable for billions of dollars in damages due to unauthorized copying and use of NYT’s work.”

This is because ChatGPT uses publicly available texts published by NYT, specifically parts of them or the information contained therein, without permission from the original source, and in a way that the content ChatGPT offers is significantly similar to the original material.

NYT believes that such business model is based on copyright infringement, whereby Microsoft and OpenAI directly compete with their content and limit NYT’s commercial opportunities by altering the content of the sites from which ChatGPT retrieves data (e.g., by removing links to NYT content, thus depriving them of publicity and revenue).

However, this is not the first dispute against Microsoft and OpenAI regarding ChatGPT. NYT’s attorneys also represent numerous other entities that have sued these companies for alleged use of copyrighted works in developing or training this chatbot.

Conclusion

The dispute between artificial intelligence and intellectual property protection raises numerous questions regarding boundaries and responsibilities in the digital age. In other words, it raises the question of whether a compromise is possible that will allow for the advancement of artificial intelligence while simultaneously protecting copyright and intellectual property. This subject certainly requires extensive and thorough consideration, with the participation of relevant stakeholders from both the private and public sectors.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.

By Lara Maksimovic, Senior Associate, and Kristina Martin, Junior Associate, PR Legal

Serbia Knowledge Partner

SOG in cooperation with Kinstellar is a full-service business law firm in Serbia that provides foreign and domestic clients with premium-quality legal advice and assistance across a wide range of key areas of corporate law. The firm was founded in 2015 by a group of seasoned, internationally-trained lawyers. SOG has developed a distinctively dynamic culture, bringing together top talent, fostering entrepreneurship, and maintaining exceptional relationships with its clients.

SOG has achieved consistent growth in the volume of its business, accompanied by an exponential increase in the number of hired associate lawyers and the firm’s network of business contacts. SOG has a robust client base of multinationals, investment and private equity firms, and financial institutions. Clients praise SOG for being commercially minded, very responsive and knowledgeable.

Establishing permanent cooperation with Kinstellar is part of realising SOG's long-term development strategy to be the leading provider of legal services in the Western Balkans market.

Firm's website: https://www.kinstellar.com/

 

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