Microsoft claims Copilot rarely copies news text, based on 8.2 million logs. Only 59,545 logs had 16 matching words with news.
The Times rejects this.
A judge may end the case early.
What happened
Microsoft filed new legal documents arguing that Copilot rarely reproduces full sentences from news articles or books, citing analysis of 8.2 million chat logs. The logs show only 59,545 contained at least 16 words matching news content, and just 24 responses had 30 or more matching words.
Why it matters
Microsoft says this supports its claim that using copyrighted material for AI training is fair use. The company argues Copilot's purpose is transformative, even if it sometimes reproduces text. The New York Times disputes this, saying discovery shows Microsoft and OpenAI stole content for commercial products.
What to watch
The case hinges on whether the judge sees these low reproduction rates as transformative fair use, which would hand Microsoft and OpenAI an early win. If the judge sides with the publishers and authors, the legal battle continues in full.
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This filing is part of a broader copyright battle against Microsoft and OpenAI. Publishers and authors claim these companies built AI products on their works without permission. The plaintiffs say the AI can regurgitate copyrighted text, creating competing products. Microsoft's counterargument centers on the idea of transformative use. They point to the small percentage of matching text in logs as proof that reproduction is rare. The case's outcome could set a precedent for AI training and fair use. A judge's decision on summary judgment will determine if the case proceeds to trial.
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