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Mustafa Suleyman, the CEO of Microsoft AI, said this week that machine-learning companies can scrape most content published online and use it to train neural networks because it’s essentially “freeware.”

Shortly afterwards the Center for Investigative Reporting sued OpenAI and its largest investor Microsoft “for using the nonprofit news organization’s content without permission or offering compensation.”

Also, in 2022, several unidentified developers sued OpenAI and GitHub based on claims that the organizations used publicly posted programming code to train generative models in violation of software licensing terms

Most people posting content online as individuals will have compromised their rights in some way by accepting the Terms of Service agreements offered by major social media platforms.

The fact that OpenAI and others making AI models are striking content deals with major publishers shows that a strong brand, deep pockets, and a legal team can bring large technology operations to the negotiating table.

People will stop making work available online, they predict, if it just gets used to power AI models that reduce the marginal cost of content creation to zero and deprive creators of the possibility of any reward.


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