YouTuber sues NVIDIA and OpenAI for using his videos to train generative AI models, alleging 'unjust enrichment' rather than copyright infringement
YouTuber David Millett has filed a class action lawsuit against NVIDIA, alleging that his content is being used to train AI. Millett also filed a lawsuit against OpenAI two weeks ago.
Nvidia Sued for Scraping YouTube After 404 Media Investigation
Nvidia, OpenAI face YouTube creator lawsuits for using online videos | Legal Dive
YouTube creator sues Nvidia and OpenAI for 'unjust enrichment' for using their videos for AI training | Tom's Hardware
https://www.tomshardware.com/tech-industry/artificial-intelligence/youtube-creator-sues-nvidia-and-openai-for-unjust-enrichment-for-using-their-videos-for-ai-training
AI companies have been sued over training content. For example, OpenAI was sued by the daily newspaper The New York Times in December 2023, and has been sued by numerous newspapers and news sites for copyright infringement.
Major daily newspaper New York Times sues OpenAI and Microsoft for copyright infringement - GIGAZINE
However, in this case, Millett, who claims that his content was used without his permission to train an AI, argues that rather than infringing copyright, the act of scraping data from the internet and using it to train an AI is 'unfair, immoral, unethical, oppressive, unscrupulous or harmful to consumers' and amounts to 'unjust enrichment.'
According to the news site Tom's Hardware, with regard to 'unjust enrichment,' a 2011 case held that 'if a defendant has unjustly profited from a plaintiff's efforts without compensation, a plaintiff may recover from the defendant without the benefit of an enforceable contractual obligation.'
There is currently a lack of legislation regarding the scraping of online data for use in training AI. Companies such as Google are claiming that it is a fair use offense, and Microsoft CEO Mustafa Suleiman has stated that 'the moment you put content on the open web, it becomes 'freeware.''
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