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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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‘I don’t regret anything,’ smiling ISIS militant on death row tells Sky News

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'I don't regret anything,' smiling ISIS militant on death row tells Sky News

Blindfolded and under armed guard, a captured ISIS fighter is brought before us.

When the blindfold is removed, he doesn’t look surprised to see a camera crew and several counterterrorism officers, one of whom interrogated him when he was first caught.

The 24-year-old militant is on death row in Somalia awaiting execution by firing squad, having been accused of being an ISIS commander, as well as a sniper and a member of a two-man bomb squad.

We’ve been given extremely rare access to speak to him and another ISIS recruit in a secure location in Puntland, the semi-autonomous region of northern Somalia where the terror group has been seizing territory and ruling over terrified communities.

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US and Somali commanders say ISIS is running its global headquarters in Puntland’s caves, financing its activities worldwide.

Muthar Hamid Qaayid is from Yemen and came to Somalia via a sea route where we’ve witnessed how challenging it is to halt the flow of militant travellers.

He insists he wasn’t an active participant in the two-man bomb squad – and seems entirely unbothered about the situation he now finds himself in.

“I didn’t press the button,” he says. “I just looked. The other man made the bomb and set it off. I didn’t come here to kill Muslims.”

His partner blew himself up as he was planting the bomb in Bosaso city centre and realised he had been discovered.

Officers believe he detonated it prematurely.

The man in front of us was injured, and we are told he had incriminating bomb-making equipment with him.

I ask him if he has regrets about his involvement and joining the militant group.

“I don’t regret anything,” he says, smiling. “Even if you take me out of the room now and execute me, I don’t regret anything.” Again, another smile.

“If they shoot me or hang me, I don’t mind. In the end, I don’t care.”

Tellingly, he says his family does not like ISIS. “If they found me here, they’d be upset,” he says.

Despite persistent questions, he doesn’t shift much. “I’m not thinking,” he insists. “There’s nothing. I’m just waiting for death.”

The ISIS militant speaks to Sky's Alex Crawford
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The ISIS militant speaks to Sky’s Alex Crawford

I ask if he’d heard of people being killed by the bombs he’s accused of planting.

“Yes, but they don’t kill all people,” he insists.

But what about killing anyone, I suggest, slightly puzzled.

“They don’t kill everyone,” he continues. There’s a pause. “Only infidels”.

Infidels is a term many recruits use to describe those who simply don’t agree with their strict interpretation of Sharia – that can include Muslims as well as other religions.

Officials show us multiple foreign passports recovered from ISIS cave hideouts in Puntland and from those they’ve captured or killed.

Passports seized from ISIS hideouts and fighters
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Passports seized from ISIS hideouts and fighters

There are passports for whole families from South Africa, including children, as well as ones from Germany, Saudi Arabia, Venezuela, and Bahrain.

There are also handfuls of IDs which show European faces.

Since a Puntland army offensive was launched last December, just five of the 600 ISIS fighters killed have been Somalis, says Mohamed Abdirahman Dhabancad, Puntland’s political affairs representative.

‘The main target was to rule the world’

The second prisoner brought before us is from Morocco and is much more talkative.

Usman Bukukar Bin Fuad insists he was duped by ISIS and says he only travelled to Somalia because he’d heard he could make money.

Usman Bukukar Bin Fuad claims he only dug caves for ISIS
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Usman Bukukar Bin Fuad claims he only dug caves for ISIS

“Instead, I ended up digging caves,” he says. “It was difficult to escape but when they told me to put on a suicide vest to kill Puntland forces, I said this is not what you told me I would be doing – and I escaped.”

He says he was given a weapon but never used it – a claim not believed by his captors.

“I never joined any fight,” he insists. “I had my weapon [AK47] but I just did normal duties taking supplies from location to location and following orders.”

He says he met the ISIS leader in Somalia, Abdul Qadir Mumin, several times.

“He used to visit all the ISIS camps and encourage them to fight.”

“And he’d reassure us all about going to heaven,” he adds.

It seems to lend credence to the belief that Mumin is still alive and operating – up until a few months ago anyway.

He says he was given training in sniping (which he didn’t finish) and map reading, which was interrupted when the Puntland military offensive began.

He says he travelled over from Ethiopia with six Moroccans, before meeting an Algerian recruit.

Fellow militants in the ISIS mountain stronghold were from countries including Tunisia, Libya, Tanzania, Kenya, Turkey, Argentina, Bangladesh, Sweden, and Iraq.

“The main target or focus was to rule the world,” he says. “Starting with this region as one of the gates to the world, then Ethiopia and the rest of the world.

“I heard so much talk about sending ISIS fighters to Bosaso, Ethiopia or Yemen. Sending people to other parts of the world and ruling the world was all part of the plan.”

The captives’ information has added to the belief that Puntland and Somalia is just the tip of a huge ISIS problem which is spreading and is able to cause terror in a range of ways.

Alex Crawford reports from Somalia with specialist producer Chris Cunningham and Richie Mockler. Photography by Chris Cunningham

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Israel begins first stages of Gaza City takeover operation – as UK condemns settlement plan

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Israel begins first stages of Gaza City takeover operation - as UK condemns settlement plan

Israel has said it has begun the first stages of its takeover of Gaza City – as the UK condemned the approval of plans for a new West Bank settlement.

Brigadier General Effie Defrin, Israel’s military spokesperson, said on Wednesday that “IDF forces are holding the outskirts of Gaza City” after preliminary operations to take the entire area.

An estimated 60,000 reserve soldiers have also been called up to help seize Gaza’s biggest urban centre, but will not report for duty until September, according to a military official.

Israeli troops are already operating in the Zeitoun neighbourhood of Gaza City, and the Jabaliya refugee camp in northern Gaza.

Prime Minister Benjamin Netanyahu’s war cabinet approved the plans last month, which include an eventual full security takeover of all of Gaza, despite growing international criticism that it will likely lead to the displacement of many more Palestinians.

He is said to have sped up the timeline for taking control of Hamas strongholds after both sides clashed near Khan Younis, south of Gaza City, on Wednesday.

Israel claims it will help any civilians evacuate before any assault begins.

Smoke rises in Gaza City after Israeli strikes. Pic: Reuters
Image:
Smoke rises in Gaza City after Israeli strikes. Pic: Reuters

Pic: Reuters
Image:
Pic: Reuters

Ceasefire proposal being considered

Israeli officials said they are also considering a new ceasefire proposal put forward by Qatar and Egypt.

The deal, which involves a 60-day ceasefire and the release of some of the remaining Israeli hostages and Palestinian prisoners, has already been accepted by Hamas.

Thousands of Israeli civilians have called for the government to accept a ceasefire and reverse its decision to take over Gaza City, but Mr Netanyahu is thought to be under pressure from some far-right members of his coalition to reject the deal and continue to pursue the annexation of the territory.

Relatives and supporters of hostages held by Hamas protest in Israel. Pic: AP
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Relatives and supporters of hostages held by Hamas protest in Israel. Pic: AP

West Bank settlement plan approved

One of those is Bezalel Smotrich, Israel’s finance minister, who announced on Wednesday that a controversial plan for a settlement project in the occupied West Bank had been approved after they received the final go-ahead from Israel’s higher planning committee.

Mr Smotrich, an ultranationalist in the ruling right-wing coalition, said in a statement that the government was delivering with the settlement what it had promised for years: “The Palestinian state is being erased from the table, not with slogans but with actions.”

He said last week that the settlement would “finally bury the idea of a Palestinian state, because there is nothing to recognise and no one to recognise”.

Israeli Finance Minister Bezalel Smotrich shows the planned settlement on a map. Pic: Reuters/Ronen Zvulun
Image:
Israeli Finance Minister Bezalel Smotrich shows the planned settlement on a map. Pic: Reuters/Ronen Zvulun

‘A stake through the heart of two-state solution’

British Foreign Secretary David Lammy condemned the plan, saying it “would divide a Palestinian state in two”.

In a post on the X social media platform, Mr Lammy called the settlement in the West Bank “a flagrant breach of international law”, which “critically undermines the two-state solution”, and urged the Israeli government to reverse the decision.

The UN also condemned the decision, with spokesperson Stephane Dujarric saying that it “will drive a stake through the heart of the two-state solution”.

Read more:
Inside the conflict forcing Palestinians from their homes
The city where what was law now has no place in reality

David Lammy called the new West Bank settlement "a flagrant breach of international law". File pic: Reuters
Image:
David Lammy called the new West Bank settlement “a flagrant breach of international law”. File pic: Reuters

Where is the settlement?

The settlement is set to be built in E1, an open tract of land east of Jerusalem, and includes around 3,500 apartments to expand the existing settlement of Maale Adumim.

E1 has been eyed for Israeli development for more than two decades, but plans were halted due to pressure from the US during previous administrations.

A two-state solution to the decades-old Israeli-Palestinian conflict would see a Palestinian state in East Jerusalem, the West Bank and Gaza existing side by side with Israel.

A view of part of the Israeli settlement of Maale Adumim. Pic: Reuters/Ronen Zvulun
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A view of part of the Israeli settlement of Maale Adumim. Pic: Reuters/Ronen Zvulun

Today, an estimated 700,000 Israeli settlers live in the West Bank and East Jerusalem. There is also a growing movement of Israelis wanting to build settlements in Gaza.

Settlers make up around 5% of Israel’s population and 15% of the West Bank’s population, according to data from Peace Now.

Settlements are illegal under international law and have been condemned by the UN. They are, however, authorised by the Israeli government.

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Europe tried to starve Putin’s war machine with sanctions – but something else has happened

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Europe tried to starve Putin's war machine with sanctions - but something else has happened

Why is Donald Trump threatening to impose sanctions, or tariffs, or maybe both, on India in relation to the Ukraine war?

The short answer is that India has established itself as one of the single most important customers for one of the single most important products made in Russia: crude oil. You only have to glance at the data on Russian fossil fuel exports to see what I mean.

Nor is it just India. China has raised its imports of Russian fossil fuels by 44% since the imposition of sanctions.

Back before the invasion of Ukraine in 2022, by far and away the biggest recipient of Russian energy exports was Europe.

Then Europe imposed sanctions on various different Russian products, most notably oil. The idea was to starve Vladimir Putin of the revenues he is using to fund the Russian war machine.

Instead, something else happened: those Russian tankers which previously delivered oil to Europe instead started sending it to Indian oil refineries. The Middle Eastern oil tankers that had previously served those Russian refineries began sending their oil to Europe. Nothing, fundamentally, really changed.

And while Europeans are no longer taking direct shipments of Russian oil, they are taking plenty of shipments of oil products – from diesel and petrol to kerosene – made from Russian oil in Indian refineries.

In the face of this, Europe and its G7 allies have subsequently begun to try to prevent those tankers from taking Russian oil at all.

A price cap was imposed on legitimate shipping companies, limiting the amount of revenue Russia could derive from its exports. That, in turn, created another step-shift: Russia began to build up its own “shadow fleet” of tankers which it used to carry on sending oil to India and China.

Suspected 'shadow fleet' ship the Eventin was seized in March by German authorities. Pic: AP
Image:
Suspected ‘shadow fleet’ ship the Eventin was seized in March by German authorities. Pic: AP

And so, in the latest episode of sanctions “whack-a-mole”, the G7 has begun to implement a separate round of bans on that shadow fleet.

Now, the point is not that any of these measures were pointless. Each has made a marginal difference in clamping down on Russia and limiting its revenues. But the whole exercise has proved far harder than expected.

Read more from Sky News:
Key moments revealing Putin’s hold on Trump
Trump sets red line on Ukraine peace deal support

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All of which is why Donald Trump is now talking about raising tariffs or imposing sanctions on India. He has discussed imposing secondary sanctions on countries continuing to do business with Russia.

For all that he is being painted as one of Vladimir Putin’s closest allies, in reality, these are dramatic economic levers that even Joe Biden stopped short of pulling.

The question is whether they do indeed get activated – and what happens next in the game of sanctions “whack-a-mole”.

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