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US AI training cases cue up test of Google Books fair use precedent

By Emma Whitford ( May 2, 2025, 20:24 GMT | Comment) -- A federal judge in New York deciding if and how novel copyright lawsuits proceed against OpenAI and Microsoft will likely consider court precedent from a decades-old dispute involving an online search tool for digitized books. The case is a popular reference for AI companies claiming fair use. But in a notoriously fact-specific area of law, judges will have to consider if ChatGPT competes with copied content in a way Google Books doesn’t. A federal judge in New York deciding how and if novel copyright lawsuits should proceed against OpenAI and Microsoft will likely consider court precedent from a decades-old dispute, involving comparatively simple technology: an online search tool for digitized books....

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