I’m not privy to the technical details, but based upon what I understand of how AIs are trained and how they work, I suspect the authors have a very strong case against the defendants.
John Grisham, Jodi Picoult and George R.R. Martin are among 17 authors suing OpenAI for “systematic theft on a mass scale,” the latest in a wave of legal action by writers concerned that artificial intelligence programs are using their copyrighted works without permission.
In papers filed Tuesday in federal court in New York, the authors alleged “flagrant and harmful infringements of plaintiffs’ registered copyrights” and called the ChatGPT program a “massive commercial enterprise” that is reliant upon “systematic theft on a mass scale.”
The suit was organized by the Authors Guild and also includes David Baldacci, Sylvia Day, Jonathan Franzen and Elin Hilderbrand among others.
“It is imperative that we stop this theft in its tracks or we will destroy our incredible literary culture, which feeds many other creative industries in the U.S.,” Authors Guild CEO Mary Rasenberger said in a statement. “Great books are generally written by those who spend their careers and, indeed, their lives, learning and perfecting their crafts. To preserve our literature, authors must have the ability to control if and how their works are used by generative AI.”
The lawsuit cites specific ChatGPT searches for each author, such as one for Martin that alleges the program generated “an infringing, unauthorized, and detailed outline for a prequel” to “A Game of Thrones” that was titled “A Dawn of Direwolves” and used “the same characters from Martin’s existing books in the series “A Song of Ice and Fire.”
AI is a fantastic tool, but just because it allows the less creative and the less talented to better exploit their imaginations, that doesn’t give anyone the right or the permission to tread upon the legal rights of others.
I’m a strong skeptic of copyright, particularly beyond the life of the author, but the fact is that it exists and while neither a title nor a style can be protected, the characters and existing works are. There really isn’t any difference between a human writing a pastiche – like Scalzi did with Old Man’s War or I did with “The Deported” – and an AI-written text that imitates an author’s style. That is, and should be, permissible.
The problem, of course, is that most people aren’t content with that, and they want to cross the line into the theft of the author’s actual characters and storylines. And if the AI manufacturer’s aren’t preventing their tools from being used in that manner, they are clearly complicit in the violations.
Regardless, AI is going to destroy the popular book market for the vast majority of writers. Because no author can compete with an automated book factories of the sort that AI now permits. In fact, we will probably explore creating one ourselves; some incredible and innovate sagas are going to be produced with these new tools.
Amazon is also limiting authors to three new self-published books on Kindle Direct per day, an effort to restrict the proliferation of AI texts.