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https://arstechnica.com/tech-policy/2026/06/microsoft-built-supercomputer-to-help-openai-infringe-copyrights-nyt-alleged/

NYT's motion comes after the [U.S.] Supreme Court sided with Cox Communications in a case where Sony tried and failed to claim that Cox was contributing to music piracy as an Internet service provider, which set a new standard for contributory infringement. Moving forward, plaintiffs will have to prove that parties intentionally acted to induce illegal conduct. Recognizing that the legal precedent has changed, the NYT now wants to amend its complaint to align its contributory infringement claim against Microsoft with that new standard...

The updated complaint seeks to specify that [Microsoft's] supercomputer was tailor-made to help OpenAI infringe and allege that it was built for the explicit purpose of training AI on copyrighted works without permission. And as the NYT alleged, its articles were more heavily weighted by this system, as both firms hoped to train models on the highest-quality journalism possible, so that level of writing could be confidently mimicked in outputs. By building this "unusually complex" machine, Microsoft not only helped select the works that were infringed but also provided a means to seize copyrighted works without permission, the NYT alleged.

Similarly as problematic for the NYT are hallucinations where Microsoft and OpenAI models falsely cite the NYT for content that they never published... In a statement provided to Ars, OpenAI spokesperson Drew Pusateri reiterated the AI firm's often-repeated claims that AI training on copyrighted works is indisputably fair use... OpenAI has argued that "ChatGPT is not a substitute for a Times subscription," the NYT reported, partly because "they transformed the material for a different use."
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>>538021322
>[Microsoft's] supercomputer was tailor-made to help OpenAI infringe



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