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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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Five-star QB Jared Curtis to Georgia: How he fits and what’s next

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May 5, 2025

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Five-star QB Jared Curtis to Georgia: How he fits and what's next

  • Eli Lederman

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    Eli Lederman

    ESPN Staff Writer

      Eli Lederman covers college football and recruiting for ESPN.com. He joined ESPN in 2024 after covering the University of Oklahoma for Sellout Crowd and the Tulsa World.

  • Tom Luginbill

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    Tom Luginbill

    ESPN Analyst

    • Senior National Recruiting Analyst for ESPN.com
    • Coached in four professional football leagues
    • Graduated from Eastern Kentucky and Marshall

May 5, 2025, 06:11 PM ET

Five-star quarterback Jared Curtis, the No. 5 prospect in the 2026 ESPN 300, announced his commitment to the Georgia Bulldogs over the Oregon Ducks Monday, capping the most consequential recruitment to date in the 2026 cycle.

Curtis, who decommitted from Georgia this past October, is the No. 1 overall quarterback in the 2026 class. The 6-foot-4, 225-pound passer from Nashville took trips to both Georgia and Oregon earlier this spring. Sources told ESPN that Curtis held in-home visits with offensive coordinators Mike Bobo (Georgia) and Will Stein (Oregon) last week and had conversations with both programs on Sunday afternoon prior to making his decision.

Curtis’ return to the Bulldogs’ 2026 class marks a crucial recruiting victory for coach Kirby Smart and the Bulldogs’ staff. Curtis now lands as the highest-ranked of four ESPN 300 pledges in the program’s incoming class, a collection of talent that will surely grow this summer as Georgia contends for a 10th consecutive top-three signing class. If he signs later this year, Curtis will arrive as the program’s third highest-ranked quarterback pledge in the ESPN recruiting era, trailing only Justin Fields (No. 1 overall in 2018) and Matt Stafford (No. 5 in 2006).

With his pledge, Curtis cements his place as the potential quarterback of the future in Athens behind expected starter Gunner Stockton, redshirt freshman Ryan Puglisi and 2025 signees Ryan Montgomery and Hezekiah Millender. Oregon, meanwhile, returns to the quarterback market in search of a 2026 passer after missing out on a coveted target in Curtis.

Here’s what you need to know about the most consequential commitment in 2026 cycle this spring as the busy recruiting season of late-May and June enters the horizon:

What makes Curtis so good?

Curtis has supreme arm talent, ideal measurables and a competitive temperament. He has ideal measurables and good speed given his size and is a better athlete than he gets credit for. What we like best is his natural arm power, velocity, and ability to change arm angles. He’s a flexible thrower who can make off-platform throws look easy because he can find alternative ways to get the ball out without losing power or strength. He’s a crafty runner who can extend plays and get out of trouble.

If there is a concern, it would be the level of competition he faces at Nashville Christian, a 2A private school. He has yet to be truly challenged against elite competition throughout his high school career to this point. He is always the best player on the field. That being said, he has a winning mentality, likes to compete, and has abilities that can’t be coached. — Tom Luginbill

Who does he compare to?

When looking at current college players, Curtis, while much bigger, compares most to LSU Tigers QB Garrett Nussmeier. Their skillsets are eerily similar. They are both gunslingers, have live arms and things don’t have to be perfect for them to still make a play. Both players play the game with supreme confidence and make players around them better.

In Athens, Curtis can play like Stetson Bennett did in his last two seasons in college. Like Bennett, Curtis can use his legs, acumen, resourcefulness, and accuracy to lead this team. Unlike Bennett, Curtis is bigger and has a stronger arm. — Luginbill

What does the team’s QB roster look like now?

Curtis joins a QB room with highly rated prospects with limited experience on the field. Gunner Stockton was the fifth-rated dual-threat QB in the 2022 class and filled in admirably late last year for an injured Carson Beck.

In all likelihood, Stockton will be the starter in Athens over the next two seasons. However, Ryan Puglisi is uber-talented and will also push for the starting job in 2025 and UGA signed two QBs in the 2025 class. The reality is that this decision, if Curtis signs in December, will likely lead to at least one or more players entering the transfer portal. — Luginbill

What’s next for Oregon and Georgia’s recruiting classes?

Round 2 between the Bulldogs and Ducks comes May 13 when five-star offensive tackle Jackson Cantwell announces his commitment. No. 3 in the 2026 ESPN 300, Cantwell will visit both programs in the closing stages of his recruitment, and he certainly won’t be the last elite prospect the two powerhouses battle over, either.

Curtis’ commitment gives Smart and Co. a cornerstone pledge in the 2026 cycle. With the No. 1 overall passer in hand, Georgia will work to build around him. Top running back prospect Derrek Cooper (No. 7 in the 2026 ESPN) and four-star rusher Savion Hiter (No. 27) are a pair of priority targets at another position of need, as is in-state rusher Jae Lamar (No. 129). Five-star end Kaiden Prothro (No. 19 overall) could be the next piece in Georgia’s stellar tight end pipeline, and five-star offensive tackle Immanuel Iheanacho (No. 12) will be on campus for an official visit later this month.

On defense, the Bulldogs remain firmly in the mix for top linebacker Tyler Atkinson (No. 13) and No. 1 athlete Brandon Arrington (No. 14), as well as top-50 defensive backs Jireh Edwards (No. 30), Justice Fitzpatrick (No. 42) and Chauncey Kennon (No. 49).

Oregon whiffed on Curtis, but with multiple years of eligibility for third-year passers Dante Moore and Austin Novosad — paired with the arrival of four-star freshman Akili Smith Jr. — the Ducks don’t have to sign a quarterback in the 2026 class.

Oregon has been in contact with five-star Houston quarterback pledge Keisean Henderson (No. 16 overall) this spring. But the Ducks’ top non-Curtis quarterback target is four-star passer Ryder Lyons (No. 50), who intends to take a mission trip following his senior year and would not join Oregon until 2027. Given the program’s lack of an immediate need at the position, Lyons — the nation’s No. 5 quarterback prospect — could be an especially good fit in 2026.

Other top targets for the Ducks this cycle include: Iheanacho, Atkinson, Arrington, defensive end Richard Wesley (No. 18), safety Jett Washington (No. 22) and tight end Mark Bowman (No. 24). — Eli Lederman

How does this affect the QB dominoes?

As noted, Oregon doesn’t have to sign a QB in this cycle, but with Curtis off the board, the Ducks should still be a major player across the seven months between now and the early signing period.

That could hold significant ramifications for Houston if the Ducks up their efforts to flip Henderson. It could also impact USC and BYU if Oregon turns its full attention to Lyons this summer. The Ducks could look toward other quarterbacks across the country, too.

Alongside Oregon, Alabama, Auburn, Florida State, LSU, North Carolina, Ohio State, Ole Miss and South Carolina stand among the top programs still active in the quarterback market this spring.

However, as of May 5, only four of the 18 quarterbacks ranked inside the 2026 ESPN 300 remain uncommitted. With Curtis now committed, expect the recruitments of those remaining quarterbacks to pick up steam in the coming months.

Lyons is set for June officials with BYU, USC and Oregon. Ole Miss remains the front-runner for Duckworth, who also holds heavy interest from Auburn, Florida State and South Carolina. Bowe Bentley (No. 264) will get to Georgia, LSU and Oklahoma later this spring, while former Purdue pledge Oscar Rios (No. 193) will take official trips to Virginia Tech, Utah, Arizona and Colorado after an April visit to Oklahoma State. — Lederman

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Technology

Here are the SpaceX employees who were elected to run Musk’s new company town of Starbase, Texas

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May 5, 2025

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Here are the SpaceX employees who were elected to run Musk's new company town of Starbase, Texas

The SpaceX Starship sits on a launch pad at Starbase near Boca Chica, Texas, on October 12, 2024, ahead of the Starship Flight 5 test. The test will involve the return of Starship’s Super Heavy Booster to the launch site.

Sergio Flores | Afp | Getty Images

Over the weekend, Elon Musk got his new company town along the Texas Gulf Coast. Controlling the city are three SpaceX employees, who all ran unopposed.

As NBC News reported, the election determining incorporation of the city of Starbase concluded on Saturday night, with 212 votes in favor and only six against. Just 143 votes were needed for the measure to pass.

Starbase was victorious in becoming a type C city, which in Texas applies to a previously unincorporated city, town or village of between 201 and 4,999 inhabitants. The city includes the SpaceX launch facility and company-owned land covering a 1.6 square-mile area.

The mayor is 36-year-old Bobby Peden, who has spent more than 12 years working for SpaceX and is currently vice president for Texas test and launch operations. Prior to joining the rocket maker in 2013, Peden was a graduate research assistant at the University of Texas at Austin, according to his LinkedIn profile.

Starbase has two commissioners, both from the SpaceX employee ranks.

One is Jenna Petrzelka, 39, who was an operations engineering manager at SpaceX until July, and now identifies as a philanthropist, according to her application to be on the ballot. She’s married to Joe Petrzelka, a vice president of Starship engineering and almost 14-year veteran at SpaceX.

The other commissioner is Jordan Buss, 40, a senior director of environmental health and safety for SpaceX who joined the company in 2023.

Musk, who has assumed a central role in President Donald Trump’s administration responsible for slashing the size of the federal government, began acquiring land for SpaceX in Boca Chica, Texas, about a decade ago. The first integrated Starship vehicle launched from the site, known as Starbase, in April 2023, and exploded in mid-flight.

The U.S. Fish and Wildlife Service soon disclosed details about the aftermath of the explosion, including that a “3.5-acre fire started south of the pad site on Boca Chica State Park land,” following the test flight.

State and federal regulators have fined SpaceX for violations of the Clean Water Act, and said the company had repeatedly polluted waters in the Boca Chica area. Environmental advocates and indigenous groups have also sued both the Federal Aviation Administration and SpaceX over the company’s flight tests and launch activity in the area.

Those groups said in legal filings that SpaceX caused harm to local habitat and endangered species due to vehicle traffic, noise, heat, explosions and fragmentation caused by the company’s construction, rocket testing and launch practices.

A SpaceX spokesperson didn’t immediately respond to a request for comment.

In a post on X on Saturday, the account for StarbaseTX wrote, “Becoming a city will help us continue building the best community possible for the men and women building the future of humanity’s place in space.”

WATCH: SpaceX launches third test flight of massive Starship rocket

SpaceX launches third test flight of massive Starship rocket

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Environment

Trump blocked wind projects, and now 17 states and DC are suing

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May 5, 2025

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Trump blocked wind projects, and now 17 states and DC are suing

Equinor Empire Wind
Photo: Equinor

Seventeen state attorneys general and DC are fighting a Trump executive order that froze permits and funding for all onshore and offshore wind projects on January 20.

The coalition is asking a federal judge to declare the executive order illegal and prevent the Trump administration from obstructing wind energy development. It was filed in federal court in Massachusetts.

New York attorney general Letitia James is leading the coalition. James said, “This arbitrary and unnecessary directive threatens the loss of thousands of good-paying jobs and billions in investments, and it is delaying our transition away from the fossil fuels that harm our health and our planet.”

Federal agencies have stopped issuing permits for wind projects across the board and even pulled the plug on the fully approved Empire Wind in New York, which was already under construction. Developer Equinor, majority owned by the Norwegian government, went through a seven-year permitting process and is considering separate legal actions.

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Massachusetts attorney general Andrea Joy Campbell said that Trump’s “attempts to stop homegrown wind energy development directly contradict his claims that there is a growing need for reliable domestic energy.”

The coalition argues that the action violates the Administrative Procedure Act and other federal laws because the Trump administration, “among other things, provides no reasoned explanation for categorically and indefinitely halting all wind energy development.”

Trump’s executive order puts billions of dollars in state investments at risk, jeopardizing everything from wind industry infrastructure to supply chains and workforce training that’s already well underway.

The coalition consists of attorneys general of Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, New Mexico, Oregon, Rhode Island, and Washington. 

Read more: Trump admin halts $5 billion NY offshore wind project mid-build

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