The makers of ChatGPT are facing a pair of lawsuits. They're likely part of a massive legal fight brewing over artificial intelligence.
Mehtab Khan, a resident fellow at Yale Law School and the lead for the Yale/Wikimedia Initiative on Intermediaries and Information, says it’s unclear whether companies behind large language models are adequately prepared for the scope of the legal headaches that lie ahead. “I think the general practice of developing LLMs has largely ignored the copyright implications and not yet developed robust measures to take user rights and copyright concerns into account,” she says.
Noah Downs, an intellectual property lawyer and partner at Premack Rogers, says both suits “appear fairly damning,” but gives Clarkson’s better odds of succeeding than Saveri’s and Butterick’s, “primarily because privacy law and regulation is both a hot topic and highly regulated, with fairly objective measures for breach.” The copyright complaint, meanwhile, is “more of a toss-up” and “theoretical argument.
“But for a company to do this and provide access to this information in a way that I did not consent to — [plaintiffs’ attorneys are] going to argue that that violates privacy laws, privacy infringement,” Lightman says. He compares it to what we saw with social media giants like Facebook.
He and Saveri are hesitant to predict an avalanche of suits against AI companies, though they sense a shift in the national mood, with Butterick mentioning how the specter of this technology has galvanized ain the entertainment industry. Saveri laughs when reminded that OpenAI’s CEO dismissed their previous GitHub complaint — even though a federal district judge had decided it was sufficient to proceed — as groundless. “It’s a little churlish, right? A little bit, you know, snide,” he says.
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