Amicus Brief in In re OpenAI Copyright Infringement Litigation - The Foundation for American Innovation
By Google News AI ·
Today, General Counsel and Senior Fellow Tim Hwang, with help from Research Fellow Sam Roland, filed a proposed amicus brief in support of OpenAI in In re OpenAI Copyright Infringement Litigation.
General AI capabilities already serve important national security purposes. Over the last several years, the Government has acquired and adapted commercial frontier models for intelligence analysis, cyber defense, operational planning, and decision support. Both branches of government understand the importance of this new technological paradigm: Congress has supported it by tying defense AI to training and data and the executive by proclaiming rapid access to current models as one of its top national security priorities.
The link between copying a newspaper article and developing national-security capabilities lies in the training process. During pretraining, models identify shared patterns across a broad corpus of information. Learning those patterns helps develop language, synthesis, translation, coding, and reasoning capabilities.
Requiring permission for the challenged training could impair those benefits if it materially restricts access to useful training data. Removing useful sources from training data can reduce capabilities used by downstream systems, which could include the national security systems the Government acquires and adapts. Under Oracle, those public benefits belong in the factor-four balance alongside cognizable market harm.
Originally published by Google News AI