Commentary | Drop it: Microsoft, Open AI ask court to dismiss suit filed by eight newspapers


Microsoft and OpenAI have asked a federal court to toss the “harvesting” suit filed against them by eight Alden Global Capital papers in April.

The Microsoft motion notes that The New York Times had filed a similar lawsuit earlier. And it argues that, like the Times complaint, “this one elides the key technical and legal fact that will ultimately decide this case: Microsoft and OpenAI’s tools neither exploit the protected expression in the Plaintiffs’ digital content nor replace it — they extract and share elements of language, culture, ideas, and knowledge that belong to all of us.”

The motion asserts that the newer lawsuit contains “the same deficiencies.”

For one, the plaintiffs have not alleged “either a real-world instance of infringement of their works, nor Microsoft’s knowledge of specific instances of infringement to which it could have knowingly contributed,” Microsoft states. 

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