Unsealed internal comments from Microsoft and OpenAI executives speak to the substitution question that fair use turns on. The visible market response is one options trade worth about $407,000 in premium, expiring in October.
Perspective Coverage
4 publishers
- Builder
- Builder 23%
- Operator
- Operator 40%
- Investor
- Investor 37%
Reality
- Evidence62
- Adoption
- Not scored
- Hype gap+35
- Incentives72
- Confidence60
OpenAI and Microsoft records describe chatbots replacing visits to the sources they draw on
OpenAI's ChatGPT chief wrote that its products "are largely substitutive, period," in internal documents made public September 17 in the Times lawsuit. That helps publishers argue over AI search, where Fast Company says the money is, but the labs still set the price.
Reality
- Evidence55
- Adoption
- Not scored
- Hype gap+15
- Incentives60
- Confidence50
buildOne report1 publisher Unsealed NYT v. OpenAI brief quotes Microsoft and OpenAI insiders on scraping and paywalls
New York Times lawyers quote a 2023 Microsoft memo calling AI scraping 'the largest theft of labor in human history' in briefs a court unsealed September 17. For teams training on unlicensed data, the case puts dataset custody and internal email in the same record.
Reality
- Evidence45
- Adoption
- Not scored
- Hype gap+15
- Incentives70
- Confidence40
A newly unredacted brief in the New York Times' case quotes a Microsoft director calling AI scraping the largest theft of labor in human history. The underlying exhibits are still sealed, so the quotes arrive without their original context.
Perspective Coverage
6 publishers
- Builder
- Builder 20%
- Operator
- Operator 44%
- Investor
- Investor 36%
Reality
- Evidence60
- Adoption
- Not scored
- Hype gap+30
- Incentives72
- Confidence64
buildConfirmed5 publishers Discovery quotes unsealed on Thursday have Nick Turley, Greg Brockman and Satya Nadella describing the products as substitutes, while OpenAI and Microsoft have told a Manhattan court that their training does not replace journalism.
Perspective Coverage
5 publishers
- Builder
- Builder 33%
- Operator
- Operator 38%
- Investor
- Investor 29%
Reality
- Evidence72
- Adoption
- Not scored
- Hype gap+20
- Incentives78
- Confidence68
The news publishers' partly unsealed summary judgment motion quotes Microsoft's CEO on substitution and on licensing paywalled training data. Microsoft says he was speaking to broad principles about how people find information, and that his words are not conclusions about copyright.
Perspective Coverage
3 publishers
- Builder
- Builder 25%
- Operator
- Operator 32%
- Investor
- Investor 43%
Reality
- Evidence64
- Adoption40
- Hype gap+30
- Incentives80
- Confidence62
Unsealed brief quotes Microsoft's applied science director calling AI training a 'theft of labor'
Redactions came off a 92-page plaintiffs' brief in the consolidated OpenAI copyright case on Thursday. Inside are internal Microsoft and OpenAI documents on substitution, memorised training data and collapsing publisher click-throughs.
Reality
- Evidence70
- Adoption62
- Hype gap+12
- Incentives82
- Confidence60