Microsoft Invokes Fair Use Defense vs. Authors’ AI Infringement Claims

Microsoft denies "each and every allegation" in the consolidated copyright infringement class action alleging Microsoft and OpenAI committed “systematic theft on a mass scale” to feed and train their AI algorithms (see 2402050037), said its answer Friday (docket 1:23-cv-08292) in U.S. District Court for Southern New York in Manhattan. The claims by 29 authors and the Authors Guild fail because any unauthorized copies of any registered copyrighted works “constitute fair use,” said Microsoft’s answer. The claims also fail because all the algorithms accused of infringement, and all Microsoft’s products, services or actions in connection with those algorithms, “have commercially significant noninfringing uses,” it said. The claims of infringement are also barred by the Digital Millennium Copyright Act's safe harbor provisions, it said. The plaintiffs seek “improper damages” in violation of the Constitution and other applicable law, it said. “Any award of statutory or enhanced damages would constitute an unconstitutional penalty under the circumstances of this case, and would violate the due process and equal protection guarantees, and other substantive and procedural safeguards” afforded by the Constitution, it said. OpenAI asserted similar defenses in its separate answer Friday to the consolidated complaint.