The threat of perjury has a funny way of forcing people to say the quiet parts out loud.
As a recently unsealed and unredacted motion in the ongoing legal battle between the New York Times and OpenAI and Microsoft shows, top AI executives have admitted that training AI models required “an astonishing theft of unprecedented proportions.”
In the motion filed on behalf of the NYT, flagged by digital media advocate Jason Kint, attorneys used the quotes of Microsoft director of applied science Brent Hecht and OpenAI cofounder and president Greg Brockman to essentially argue their case for them: that the AI industry built its foundation on an unfathomably large pile of stolen intellectual property.
Hecht, for his part, is quoted calling the AI buildout the “largest theft of labor in human history.” It’s a damning admission as the NYT accuses the two AI labs of copying “millions of [the] Plaintiffs’ copyrighted articles in their entirety without permission to produce substitutive commercial AI products.”
Brockman, for his part, is quoted saying that “publishers” face an “existential threat” from generative AI, which “are largely substitutive, period, [and] will get more and more substitutive as they get better.”
As the plaintiff’s counsel argues, these admissions “eviscerate” any claim to fair use — a statement with which Hecht evidently agrees.
“For Defendants to prevail on this defense ‘would,’ the same Microsoft executive recognized, arguably “make a complete mockery of the idea of ‘fair use,’” the motion reveals.
The damning documents come during the middle stretch of a case that began in 2023, when the NYT accused the two AI labs not only of vacuuming up its original news content, but of using that content to train AI products meant to compete with traditional news outlets.
As Axios recently reported, the battle is far from over, as the presiding judge is expected to decide whether to allow the case to proceed to trial by sometime in 2027.
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