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Not the sincerest form of flattery — NY Times copyright suit wants OpenAI to delete all GPT instances Shows evidence that GPT-based systems will reproduce Times articles if asked.

John Timmer – Dec 27, 2023 7:05 pm UTC Enlarge / Microsoft is named in the suit for allegedly building the system that allowed GPT derivatives to be trained using infringing material.Just_Super reader comments 359

In August, word leaked out that The New York Times was considering joining the growing legion of creators that are suing AI companies for misappropriating their content. The Times had reportedly been negotiating with OpenAI regarding the potential to license its material, but those talks had not gone smoothly. So, eight months after the company was reportedly considering suing, the suit has now been filed.

The Times is targeting various companies under the OpenAI umbrella, as well as Microsoft, an OpenAI partner that both uses it to power its Copilot service and helped provide the infrastructure for training the GPT Large Language Model. But the suit goes well beyond the use of copyrighted material in training, alleging that OpenAI-powered software will happily circumvent the Times’ paywall and ascribe hallucinated misinformation to the Times. Journalism is expensive

The suit notes that The Times maintains a large staff that allows it to do things like dedicate reporters to a huge range of beats and engage in important investigative journalism, among other things. Because of those investments, the newspaper is often considered an authoritative source on many matters.

All of that costs money, and The Times earns that by limiting access to its reporting through a robust paywall. In addition, each print edition has a copyright notification, the Times’ terms of service limit the copying and use of any published material, and it can be selective about how it licenses its stories. In addition to driving revenue, these restrictions also help it to maintain its reputation as an authoritative voice by controlling how its works appear.

The suit alleges that OpenAI-developed tools undermine all of that. “By providing Times content without The Timess permission or authorization, Defendants tools undermine and damage The Timess relationship with its readers and deprive The Times of subscription, licensing, advertising, and affiliate revenue,” the suit alleges.

Part of the unauthorized use The Times alleges came during the training of various versions of GPT. Prior to GPT-3.5, information about the training dataset was made public. One of the sources used is a large collection of online material called “Common Crawl,” which the suit alleges contains information from 16 million unique records from sites published by The Times. That places the Times as the third most referenced source, behind Wikipedia and a database of US patents. Advertisement

OpenAI no longer discloses as many details of the data used for training of recent GPT versions, but all indications are that full-text NY Times articles are still part of that process (Much more on that in a moment.) Expect access to training information to be a major issue during discovery if this case moves forward. Not just training

A number of suits have been filed regarding the use of copyrighted material during training of AI systems. But the Times’ suit goes well beyond that to show how the material ingested during training can come back out during use. “Defendants GenAI tools can generate output that recites Times content verbatim, closely summarizes it, and mimics its expressive style, as demonstrated by scores of examples,” the suit alleges.

The suit allegesand we were able to verifythat it’s comically easy to get GPT-powered systems to offer up content that is normally protected by the Times’ paywall. The suit shows a number of examples of GPT-4 reproducing large sections of articles nearly verbatim.

The suit includes screenshots of ChatGPT being given the title of a piece at The New York Times and asked for the first paragraph, which it delivers. Getting the ensuing text is apparently as simple as repeatedly asking for the next paragraph.

ChatGPT has apparently closed that loophole in between the preparation of that suit and the present. We entered some of the prompts shown in the suit, and were advised “I recommend checking The New York Times website or other reputable sources,” although we can’t rule out that context provided prior to that prompt could produce copyrighted material. Ask for a paragraph, and Copilot will hand you a wall of normally paywalled text.John Timmer

But not all loopholes have been closed. The suit also shows output from Bing Chat, since rebranded as Copilot. We were able to verify that asking for the first paragraph of a specific article at The Times caused Copilot to reproduce the first third of the article. Advertisement

The suit is dismissive of attempts to justify this as a form of fair use. “Publicly, Defendants insist that their conduct is protected as ‘fair use’ because their unlicensed use of copyrighted content to train GenAI models serves a new ‘transformative’ purpose,” the suit notes. “But there is nothing ‘transformative’ about using The Timess content without payment to create products that substitute for The Times and steal audiences away from it.” Reputational and other damages

The hallucinations common to AI also came under fire in the suit for potentially damaging the value of the Times’ reputation, and possibly damaging human health as a side effect. “A GPT model completely fabricated that The New York Times published an article on January 10, 2020, titled Study Finds Possible Link between Orange Juice and Non-Hodgkins Lymphoma, the suit alleges. “The Times never published such an article.”

Similarly, asking about a Times article on heart-healthy foods allegedly resulted in Copilot saying it contained a list of examples (which it didn’t). When asked for the list, 80 percent of the foods on weren’t even mentioned by the original article. In another case, recommendations were ascribed to the Wirecutter when the products hadn’t even been reviewed by its staff.

As with the Times material, it’s alleged that it’s possible to get Copilot to offer up large chunks of Wirecutter articles (The Wirecutter is owned by The New York Times). But the suit notes that these article excerpts have the affiliate links stripped out of them, keeping the Wirecutter from its primary source of revenue.

The suit targets various OpenAI companies for developing the software, as well as Microsoftthe latter for both offering OpenAI-powered services, and for having developed the computing systems that enabled the copyrighted material to be ingested during training. Allegations include direct, contributory, and vicarious copyright infringement, as well as DMCA and trademark violations. Finally, it alleges “Common Law Unfair Competition By Misappropriation.”

The suit seeks nothing less than the erasure of both any GPT instances that the parties have trained using material from the Times, as well as the destruction of the datasets that were used for the training. It also asks for a permanent injunction to prevent similar conduct in the future. The Times also wants money, lots and lots of money: “statutory damages, compensatory damages, restitution, disgorgement, and any other relief that may be permitted by law or equity.” reader comments 359 John Timmer John is Ars Technica’s science editor. He has a Bachelor of Arts in Biochemistry rom Columbia University, and a Ph.D. in Molecular and Cell Biology from the University of California, Berkeley. When physically separated from his keyboard, he tends to seek out a bicycle, or a scenic location for communing with his hiking boots. Advertisement Channel Ars Technica ← Previous story Next story → Related Stories Today on Ars

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12-year-old girl from Gaza receives vital brain operation after Israeli bombing near her home

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12-year-old girl from Gaza receives vital brain operation after Israeli bombing near her home

The 3D picture we’re shown of Maryam’s skull shows a gaping hole.

It’s astonishing the young girl from Gaza even survived an Israeli bombing near her home.

But she’s sitting up in her hospital bed in the Jordanian capital Amman, as we look on and she’s smiling and joking during a call with her father who remains in the Palestinian territory.

“I’m okay,” she says cheerily, “how are you?”

She’s heard overnight there’s been severe flooding in Gaza and the tents and makeshift shelters which tens of thousands are living in, are now soaked and under water.

But her father is focussed on how his 12-year-old daughter is feeling ahead of yet another life-saving brain operation.

Maryam is a rarity.

She is one of a few hundred patients who’ve been allowed by the Israeli authorities to leave the Gaza Strip to receive critical medical help since the October 2025 agreement signed between Israel and Hamas, which was aimed at ending hostilities.

The World Health Organisation (WHO) says they’ve identified nearly 16,000 medical cases needing urgent critical care outside Gaza.

WHO data documented a total of 217 patients who left Gaza for medical care in other countries between the dates of 13 October and 26 November 2025.

Since then, Israel’s Coordination of Government Activities in the Territories (COGAT) has said a further 72 patients and caregivers from Gaza have departed the Israeli-occupied area for Jordan.

But behind them, they left a long queue of ill and wounded people in desperate need of the sort of specialised medical help Maryam Ibrahim is receiving in Jordan.

Alex Crawford and Dr Samer Elbabaa
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Alex Crawford and Dr Samer Elbabaa

Having survived the bombing and having survived the craniectomy (removing her fractured skull), Maryam’s next challenge was surviving the wait to receive permission to leave Gaza for the surgery which offered her a chance of long-term survival.

She waited almost half a year for this operation: an operation considered vital.

Without it, Maryam’s brain was unprotected. Any stumble or accident risked irreversibly injuring her brain and negatively impacting her neurological functions – a risk which was considerably heightened given where she’s living.

The Palestine Children’s Relief Fund (PCRF) which has funded her medical care in Jordan says they’ve “witnessed at first hand the catastrophic toll of this conflict on children’s health and well-being.

“Thousands have been orphaned, maimed or left with lifelong trauma. Entire hospitals and health centres have been destroyed leaving an entire population of children without access to even the most basic medical care.”

While humanitarian organisations continue to encounter challenges in organising evacuations from Gaza, two British surgeons were amongst a group of medics refused permission by the Israeli authorities to enter the territory.

Dr Victoria Rose, a plastic and reconstructive surgeon with the IDEALS charity, told Sky News: “WHO calculated that in 2025, only 47% of emergency medical teams were granted entry to Gaza.

“This is at a time when hundreds of local doctors have been detained by the IDF with many still unaccounted for. Gaza does not have the manpower to cope with the numbers of injured.”

Maryam
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Maryam

Read more:
More children from Gaza to be brought to UK for urgent treatment
Rafah crossing to open ‘in coming days’, says Israel

Maryam’s case received widespread publicity after the intervention of the popular American children’s educator and YouTuber Rachel Griffin Accurso known as “Ms Rachel”.

She highlighted her case by talking to the little girl via Instagram after Maryam posted about how she was being bullied for her unusual appearance because of her cranial injury.

Maryam’s family realise she’s been unusually fortunate to receive this specialised care, but they know too that as soon as Maryam is well enough, the little girl will be returned to Gaza and an unpredictable future.

The Israeli authorities continue to insist via X that they are helping to organise humanitarian aid into Gaza and are committed to “facilitating a humanitarian-medical response” – which includes establishing field hospitals.

They have repeatedly suggested that it is the lack of coordination on the part of various countries and organisations which is the issue – but this runs counter to what multiple humanitarian groups and individuals have experienced.

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Young Germans react to voluntary military service plans

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Young Germans react to voluntary military service plans

Germany’s parliament has voted to reintroduce voluntary military service, but getting Gen Z recruits could prove tricky.

Across the country, students gathered to demonstrate against what they fear will be a return to conscription.

In Berlin, they held signs saying, “You can’t have our lives if we don’t eat your lies” and “peace is power”.

While most demonstrators were in their late teens or twenties, some parents also turned out with their younger children.

One mother held a placard declaring: “You can’t have my son”.

The new plan means from January, all 18-year-olds will be sent a questionnaire about their fitness and willingness to serve.

Men must fill it in, while for women it will be voluntary.

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In the future, if the numbers of volunteers are too low, then parliament could trigger conscription at times of war or in emergencies.

It’s an idea which horrifies many in the crowd.

“None of us want to die for a country that doesn’t really care about us,” Levi tells me.

He says the government has ignored their calls for climate protections and better social conditions, so he feels no allegiance to them.

Levi
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Levi

I ask: “If Germany was attacked, who do you think should defend it if Gen Z don’t want to?”

“Why don’t the people that started the war do it? I don’t see why the older people shouldn’t go to war. I mean, a lot of them already were in the army,” he replies.

17-year-old Sara agrees, declaring: “I would not be willing to die for any country.”

“I don’t think it’s right to send children or anyone against their will into the military, because war is just wrong,” she says.

“I’m never going to join the military and if Germany is attacked, I’ll just go somewhere else where there’s no war.”

Sara
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Sara

While the government says the system will be voluntary for as long as possible, from 2027 all 18-year-old men will have to have a medical examination so the government can see who is fit to serve.

German defence minister Boris Pistorius says the mandatory medical is needed so that in the event of an attack, Germany would not waste time confirming “who is operationally capable as a homeland protector and who is not”.

The move is a massive cultural shift for Germany, which suspended mandatory military conscription on 1 July 2011.

“From my friends no one wants to volunteer because we don’t want to fight for a problem that’s not really ours. We didn’t start the problems, they [the government] did,” says Silas.

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Sky’s Europe Correspondent Siobhan Robbins investigates.

The change is a direct reaction to Russia’s invasion of Ukraine

Despite Moscow’s denials, NATO’s chief has warned Russia could be able to attack a member country in the next four to five years.

I ask 19-year-old Lola if she’s thinks Russia is a threat?

“It could be, maybe. However, I think there are more important issues, especially like social ones, than war,” she says.

Lola
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Lola

Her friend, 28-year-old Balthasar, goes further, saying: “A country being able to attack isn’t the same as a country planning to attack.

“The track record of Russia has been to attempt at least diplomatic resolution, cooperation, and I think those are the right approaches to take in international politics, opposed to sabre-rattling, which the German government has resorted to.”

The German chancellor, Friedrich Merz, has said he wants to build the strongest army in Europe.

Germany currently has around 184,000 soldiers and wants to boost that by over 80,000 in the next decade.

Read more from Sky News:
Irish police investigating drone sightings during Zelenskyy visit
Giving up Ukrainian territory would be ‘unjust peace’

Volunteers are being offered incentives like a monthly wage of more than €2,000 (£1,750).

Despite this, a survey earlier this year found 81% of Gen Z wouldn’t fight for Germany.

In contrast, many of the older generation supported conscription.

At the Berlin protest, 17-year-old Valentin was the only person we met who reluctantly agreed to fight.

Valentin
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Valentin

“When we are attacked, then yes [I would fight], but when we are attacking other countries, then no,” he says.

Germany isn’t the only country looking for reinforcements, last month France announced a new military service for over-18s.

Currently, 10 EU countries already have compulsory military service.

While others like Belgium, the Netherlands and Germany are opting for voluntary schemes.

The German plan still must be signed off by parliament’s upper house later this month before it’s expected to start in January.

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World Cup 2026 – who England, Scotland, Wales, Northern Ireland and the Republic of Ireland will play

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World Cup  2026 - who England, Scotland, Wales, Northern Ireland and the Republic of Ireland will play

Scotland and England now know who they will face in the group stage of the next summer’s world cup.

But the fates of Northern Ireland, the Republic of Ireland and Wales won’t be determined until they compete in pre-tournament play-off matches in March.

England are in Group L along with Croatia, Panama and Ghana. Their first match will be against Croatia, who beat them in the semi-finals of the 2018 World Cup in Russia.

Pic: Reuters
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Pic: Reuters

Scotland’s first match will be against Haiti, in Group C.

Brazil and Morocco are the other Group C teams – both countries were also in the same opening group as Scotland in the 1998 World Cup in France.

Trump and Infantino at the World Cup draw
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Trump and Infantino at the World Cup draw

Wales have yet to find out if they will qualify as they must face a play-off against Bosnia and Herzegovina in Cardiff, and then either Italy or Northern Ireland, if they are victorious.

Read more:
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If they can overcome these play-off opponents then they will secure their place in Group B along with Canada, Qatar and Switzerland. But Northern Ireland will also be vying and hoping to guarantee their spot in the same group if they can beat Italy and then either Wales or Bosnia and Herzegovina.

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‘Bring it on!’: Scotland fans react to World Cup draw

The Republic of Ireland also need to get through the play-offs first and are paired against the Czech Republic for their semi-final. Should Ireland win that match, they will need to beat either North Macedonia or Denmark to get to the finals where an opening group containing joint hosts Mexico, South Africa and South Korea awaits.

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