Diskurs

According to a press release from the publishing group, there is clear evidence that Ingo Siegner’s works were unlawfully used to train the AI system and are now stored in the model as so-called ‘memorization.’ This is comparable to the storage of copyrighted content that the system can reproduce in response to user requests. From the perspective of the Penguin Random House publishing group, the described output also constitutes unauthorized reproduction and making available to the public.

The lawsuit is filed against OpenAI Ireland Ltd., the provider of the AI chatbot ChatGPT. ChatGPT reproduces content from copyrighted works in a recognizable form in response to simple prompts.

Managing Director Katharina Uppenbrink: “We wholeheartedly welcome a lawsuit against one of the AI-driven big tech companies in the publishing industry, and we are very pleased that the lawsuit covers both text and illustrations.”

Sabine Richly, Rechtsanwältin (German qualified lawyer) comments: "This case is, first and foremost, another important case involving memorization. What is new and unresolved, however, is: Is OpenAI liable as an accomplice or accessory to a commercial infringement if the system, on its own initiative, offers complete generation of new and competing manuscripts as well as marketing templates (cover, blurb, platform instructions) without the user having requested them? The case could therefore clarify the issue of liability for interference by generative AI providers, for which there is currently no precedent.

“AI must not grow at the expense of those who create content. Anyone who uses copyrighted works must ensure transparent, fair, and licensed solutions.” Peter Kraus vom Cleff, CEO of the Börsenverein

To the press release from the Penguin Random House Publishing Group