Business
Column: Who's really winning in Sarah Silverman's copyright suit against OpenAI?
If you’ve been following the war between authors and the purveyors of AI chatbots over whether the latter are infringing the copyrights of the former, you might have concluded that comedian and author Sarah Silverman and several fellow authors suffered a crushing blow in their lawsuit against OpenAI, the leading bot maker.
In his ruling Feb. 12, federal Judge Areceli Martínez-Olguín of San Francisco indeed tossed most of the copyright claims Silverman et. al had brought against OpenAI in lawsuits filed last year.
That’s the way much of the press portrayed the outcome: “Judge dismisses most of Sarah Silverman’s copyright infringement lawsuit” (VentureBeat). And “OpenAI Scores Court Victory” (Forbes). And “Sarah Silverman, Authors See Most Claims Against OpenAI Dismissed by Judge” (Hollywood Reporter).
If someone tells you it’s not about the money but the principle, they’re really talking about the money.
— Robin Feldman, UC College of the Law
Well, not really. Of the six counts in the authors’ lawsuit, one — whether OpenAI directly copied or distributed the plaintiffs’ works — wasn’t even before the judge because OpenAI hadn’t asked him to dismiss it. It’s a key allegation, and it’s still alive.
Of the other five, the judge cleared one to proceed; that’s a claim that OpenAI engaged in an “unfair” business practice under California law. He dismissed four others but gave the plaintiffs permission to amend their complaint and try again. The amended complaint is due before him by March 13.
At best, this is a mixed victory for both sides. But this lawsuit and a couple of other similar cases provide a road map for how the copyright issue may play out, in and out of court: with settlements that outline how much the artificial intelligence industry should pay copyright holders for using their works, and how those payments should be made.
Any such settlements would have to recognize that AI chatbots are here to stay, but also that they can’t mine published material for free.
“It’s hard to imagine that you could put the genie back in the bottle — that courts would decide that generative AI may not be used under any circumstances at any time,” says Robin Feldman, an expert in intellectual property law at UC College of the Law. “At the same time, it’s hard to imagine that generative AI could end up free to do whatever it wants at any time with copyrighted material.”
It’s fair to imagine, as well, that the issue is going to pose a headache for judges right up to the point that it lands before the Supreme Court, as Feldman believes is likely. That’s because of two aspects that are anything but cut-and-dried: copyright law and a new technology. U.S. copyright law is extremely complicated, and the technology bears features that don’t resemble anything seen in earlier technology transitions. Put them together, and the complexities are magnified exponentially.
Before going further, let’s define the landscape.
OpenAI is a high-tech firm with an investment from Microsoft that has been reported to be as much as $13 billion. Its best-known product is ChatGPT, a chatbot that spits out human-sounding answers to questions posed in plain language, though sometimes the “humans” it strives to emulate come off like idiots or plagiarists.
As I’ve reported, the chatbot business, like artificial intelligence research throughout its history, has been infected with hype. But it’s currently the target of a high-tech gold rush based on expectations that it will dramatically remake industries such as manufacturing, medicine, law — almost anything you can name. We’ll see.
As I’ve also reported, it’s a misnomer to call chatbots “artificial intelligence.” They’re not intelligent by any common definition of the word; they’re just good at seeming intelligent to an outsider unaware of the electronic processing inside them — a simulacrum of human thought, not the product of cogitation.
Chatbots don’t create content, as such. They have to be “trained” by pumping their databases full of human-produced content — books, newspaper articles, junk scraped from the web, etc. All this material allows the bots to generate superficially coherent answers to questions by generating prose patterns and sometimes repeating facts they dredge up from their databases.
That brings us back to the copyright issue. Silverman and other plaintiffs, including the writers Michael Chabon and Ta-Nehesi Coates, who filed a complaint similar to hers last year, contend that in using their works to train its chatbots, OpenAI is copying their works without permission, compensation or credit. Having “ingested” their works, the bots are “able to emit convincingly naturalistic text outputs.”
Indeed, Silverman’s lawsuit states that when asked to do so, ChatGPT is able to generate accurate summaries of the copyrighted works — “something only possible if ChatGPT was trained” on those works.
Among OpenAI’s defenses is that its use of copyrighted material falls within the exemption known as “fair use.” That’s a concept that allows snippets of published works to be quoted in reviews, summaries, news reports, research papers and the like, or to be parodied or repurposed in a “transformative” way.
OpenAI argues that previous court rulings say that creating copies of a copyrighted work as a preliminary step in developing a new, non-infringing product falls safely under the fair use protection, and that’s all it’s doing.
But it’s not at all clear that OpenAI’s interpretation will stand. In copyright law, fair use is a moving target, interpreted by judges on a case-by-case basis. “There are no hard-and-fast rules, only general guidelines and varied court decisions,” according to a digest by Stanford University librarians.
As chatbot developers snarf up more content to “train” their products, the potential copyright claims are only going to multiply. A disclosure: At least three of my books are in a database used to train some chatbots. I’m not a plaintiff in any of these lawsuits, but since they’re all fashioned as class actions in which I might qualify as a class member, it’s conceivable that if any go to trial and end with a class settlement, I might get a (probably vanishingly tiny) payout.
The lawsuits by individual writers are only one category. As I reported earlier, Getty Images has sued an AI company for copying millions of historical and contemporary photographs to which it holds licensing rights, allegedly to build a competing business. Dozens of music publishers have sued another AI firm for its “mass copying and ingesting” of copyrighted song lyrics to enable its bot to regurgitate them to its users by generating “identical or nearly identical copies of those lyrics” on request.
A lawsuit brought by New York Times Co. against Microsoft and OpenAI has attracted heavy attention not only because of the prominence of the plaintiff but because the newspaper produced evidence that OpenAI’s chatbot actually spits out lengthy verbatim passages from Times articles. This allows the Times to assert that the chatbot is cutting into the market for its work, a factor that judges have sometimes considered to reject a fair-use defense.
That’s a claim that the Silverman and Chabon lawsuits weren’t able to back up with evidence, which is what prompted Judge Martínez-Olguín to put some of their copyright claims on hold. He invited the plaintiffs to come back with allegations “that any particular output is substantially similar — or similar at all — to their books,” at which point he might reconsider.
Feldman observes that this entire legal issue is in the early “posturing” stage. The AI industry bases its defense on the principle that it’s doing nothing wrong and doesn’t owe creators anything. The creators say the principle is that what the chatbot developers are up to produces “an irreparable injury that cannot fully be compensated or measured in money,” to quote the Silverman lawsuit.
But money has settled previous donnybrooks over new technologies. Most notably, the recording industry and broadcasters solved their dispute over radio and television broadcasting of music with a licensing arrangement initially reached more than 80 years ago and that has survived in its essence to cover not only radio and television stations but also “streaming services, concert venues, bars, restaurants, and retail establishments.” (That’s not to say that artists are necessarily fairly compensated for these uses.)
That’s the best bet for how the chatbot issue will unfold, in time: with a financial arrangement sufficiently fair to both sides to be blessed by a judge. Feldman advises not to buy into the assertions on both sides that with principles at stake, no financial arrangement is possible. The New York Times, indeed, says that it filed its lawsuit only after negotiations to place a financial value on the use of its content failed to produce a “resolution.”
Feldman cites an adage (often attributed to the turn-of-the-century humorist Kin Hubbard) that holds: “If someone tells you it’s not about the money but the principle, they’re really talking about the money.”
Business
Elon Musk company bot apologizes for sharing sexualized images of children
Grok, the chatbot of Elon Musk’s artificial intelligence company xAI, published sexualized images of children as its guardrails seem to have failed when it was prompted with vile user requests.
Users used prompts such as “put her in a bikini” under pictures of real people on X to get Grok to generate nonconsensual images of them in inappropriate attire. The morphed images created on Grok’s account are posted publicly on X, Musk’s social media platform.
The AI complied with requests to morph images of minors even though that is a violation of its own acceptable use policy.
“There are isolated cases where users prompted for and received AI images depicting minors in minimal clothing, like the example you referenced,” Grok responded to a user on X. “xAI has safeguards, but improvements are ongoing to block such requests entirely.”
xAI did not immediately respond to a request for comment.
Its chatbot posted an apology.
“I deeply regret an incident on Dec 28, 2025, where I generated and shared an AI image of two young girls (estimated ages 12-16) in sexualized attire based on a user’s prompt,” said a post on Grok’s profile. “This violated ethical standards and potentially US laws on CSAM. It was a failure in safeguards, and I’m sorry for any harm caused. xAI is reviewing to prevent future issues.”
The government of India notified X that it risked losing legal immunity if the company did not submit a report within 72 hours on the actions taken to stop the generation and distribution of obscene, nonconsensual images targeting women.
Critics have accused xAI of allowing AI-enabled harassment, and were shocked and angered by the existence of a feature for seamless AI manipulation and undressing requests.
“How is this not illegal?” journalist Samantha Smith posted on X, decrying the creation of her own nonconsensual sexualized photo.
Musk’s xAI has positioned Grok as an “anti-woke” chatbot that is programmed to be more open and edgy than competing chatbots such as ChatGPT.
In May, Grok posted about “white genocide,” repeating conspiracy theories of Black South Africans persecuting the white minority, in response to an unrelated question.
In June, the company apologized when Grok posted a series of antisemitic remarks praising Adolf Hitler.
Companies such as Google and OpenAI, which also operate AI image generators, have much more restrictive guidelines around content.
The proliferation of nonconsensual deepfake imagery has coincided with broad AI adoption, with a 400% increase in AI child sexual abuse imagery in the first half of 2025, according to Internet Watch Foundation.
xAI introduced “Spicy Mode” in its image and video generation tool in August for verified adult subscribers to create sensual content.
Some adult-content creators on X prompted Grok to generate sexualized images to market themselves, kickstarting an internet trend a few days ago, according to Copyleaks, an AI text and image detection company.
The testing of the limits of Grok devolved into a free-for-all as users asked it to create sexualized images of celebrities and others.
xAI is reportedly valued at more than $200 billion, and has been investing billions of dollars to build the largest data center in the world to power its AI applications.
However, Grok’s capabilities still lag competing AI models such as ChatGPT, Claude and Gemini, that have amassed more users, while Grok has turned to sexual AI companions and risque chats to boost growth.
Business
A tale of two Ralphs — Lauren and the supermarket — shows the reality of a K-shaped economy
John and Theresa Anderson meandered through the sprawling Ralph Lauren clothing store on Rodeo Drive, shopping for holiday gifts.
They emerged carrying boxy blue bags. John scored quarter-zip sweaters for himself and his father-in-law, and his wife splurged on a tweed jacket for Christmas Day.
“I’m going for quality over quantity this year,” said John, an apparel company executive and Palos Verdes Estates resident.
They strolled through the world-famous Beverly Hills shopping mecca, where there was little evidence of any big sales.
John Anderson holds his shopping bags from Ralph Lauren and Gucci at Rodeo Drive.
(Juliana Yamada / Los Angeles Times)
One mile away, shoppers at a Ralphs grocery store in West Hollywood were hunting for bargains. The chain’s website has been advertising discounts on a wide variety of products, including wine and wrapping paper.
Massi Gharibian was there looking for cream cheese and ways to save money.
“I’m buying less this year,” she said. “Everything is expensive.”
-
Share via
The tale of two Ralphs shows how Americans are experiencing radically different realities this holiday season. It represents the country’s K-shaped economy — the growing divide between those who are affluent and those trying to stretch their budgets.
Some Los Angeles residents are tightening their belts and prioritizing necessities such as groceries. Others are frequenting pricey stores such as Ralph Lauren, where doormen hand out hot chocolate and a cashmere-silk necktie sells for $250.
People shop at Ralphs in West Hollywood.
(Juliana Yamada / Los Angeles Times)
In the K-shaped economy, high-income households sit on the upward arm of the “K,” benefiting from rising pay as well as the value of their stock and property holdings. At the same time, lower-income families occupy the downward stroke, squeezed by inflation and lackluster income gains.
The model captures the country’s contradictions. Growth looks healthy on paper, yet hiring has slowed and unemployment is edging higher. Investment is booming in artificial intelligence data centers, while factories cut jobs and home sales stall.
The divide is most visible in affordability. Inflation remains a far heavier burden for households lower on the income distribution, a frustration that has spilled into politics. Voters are angry about expensive rents, groceries and imported goods.
“People in lower incomes are becoming more and more conservative in their spending patterns, and people in the upper incomes are actually driving spending and spending more,” said Kevin Klowden, an executive director at the Milken Institute, an economic think tank.
“Inflationary pressures have been much higher on lower- and middle-income people, and that has been adding up,” he said.
According to a Bank of America report released this month, higher-income employees saw their after-tax wages grow 4% from last year, while lower-income groups saw a jump of just 1.4%. Higher-income households also increased their spending year over year by 2.6%, while lower-income groups increased spending by 0.6%.
The executives at the companies behind the two Ralphs say they are seeing the trend nationwide.
Ralph Lauren reported better-than-expected quarterly sales last month and raised its forecasts, while Kroger, the grocery giant that owns Ralphs and Food 4 Less, said it sometimes struggles to attract cash-strapped customers.
“We’re seeing a split across income groups,” interim Kroger Chief Executive Ron Sargent said on a company earnings call early this month. “Middle-income customers are feeling increased pressure. They’re making smaller, more frequent trips to manage budgets, and they’re cutting back on discretionary purchases.”
People leave Ralphs with their groceries in West Hollywood.
(Juliana Yamada / Los Angeles Times)
Kroger lowered the top end of its full-year sales forecast after reporting mixed third-quarter earnings this month.
On a Ralph Lauren earnings call last month, CEO Patrice Louvet said its brand has benefited from targeting wealthy customers and avoiding discounts.
“Demand remains healthy, and our core consumer is resilient,” Louvet said, “especially as we continue … to shift our recruiting towards more full-price, less price-sensitive, higher-basket-size new customers.”
Investors have noticed the split as well.
The stock charts of the companies behind the two Ralphs also resemble a K. Shares of Ralph Lauren have jumped 37% in the last six months, while Kroger shares have fallen 13%.
To attract increasingly discerning consumers, Kroger has offered a precooked holiday meal for eight of turkey or ham, stuffing, green bean casserole, sweet potatoes, mashed potatoes, cranberry and gravy for about $11 a person.
“Stretch your holiday dollars!” said the company’s weekly newspaper advertisement.
Signs advertising low prices are posted at Ralphs.
(Juliana Yamada / Los Angeles Times)
In the Ralph Lauren on Rodeo Drive, sunglasses and polo shirts were displayed without discounts. Twinkling lights adorned trees in the store’s entryway and employees offered shoppers free cookies for the holidays.
Ralph Lauren and other luxury stores are taking the opposite approach to retailers selling basics to the middle class.
They are boosting profits from sales of full-priced items. Stores that cater to high-end customers don’t offer promotions as frequently, Klowden of the Milken Institute said.
“When the luxury stores are having sales, that’s usually a larger structural symptom of how they’re doing,” he said. “They don’t need to be having sales right now.”
Jerry Nickelsburg, faculty director of the UCLA Anderson Forecast, said upper-income earners are less affected by inflation that has driven up the price of everyday goods, and are less likely to hunt for bargains.
“The low end of the income distribution is being squeezed by inflation and is consuming less,” he said. “The upper end of the income distribution has increasing wealth and increasing income, and so they are less affected, if affected at all.”
The Andersons on Rodeo Drive also picked up presents at Gucci and Dior.
“We’re spending around the same as last year,” John Anderson said.
At Ralphs, Beverly Grove resident Mel, who didn’t want to share her last name, said the grocery store needs to go further for its consumers.
“I am 100% trying to spend less this year,” she said.
Business
Instacart ends AI pricing test that charged shoppers different prices for the same items
Instacart will stop using artificial intelligence to experiment with product pricing after a report showed that customers on the platform were paying different prices for the same items.
The report, published this month by Consumer Reports and Groundwork Collaborative, found that Instacart sometimes offered as many as five different prices for the same item at the same store and on the same day.
In a blog post Monday, Instacart said it was ending the practice effective immediately.
“We understand that the tests we ran with a small number of retail partners that resulted in different prices for the same item at the same store missed the mark for some customers,” the company said. “At a time when families are working exceptionally hard to stretch every grocery dollar, those tests raised concerns.”
Shoppers purchasing the same items from the same store on the same day will now see identical prices, the blog post said.
Instacart’s retail partners will still set product prices and may charge different prices across stores.
The report, which followed more than 400 shoppers in four cities, found that the average difference between the highest and lowest prices for the same item was 13%. Some participants in the study saw prices that were 23% higher than those offered to other shoppers.
At a Safeway supermarket in Washington, D.C., a dozen Lucerne eggs sold for $3.99, $4.28, $4.59, $4.69 and $4.79 on Instacart, depending on the shopper, the study showed.
At a Safeway in Seattle, a box of 10 Clif Chocolate Chip Energy bars sold for $19.43, $19.99 and $21.99 on Instacart.
The study found that an individual shopper on Instacart could theoretically spend up to $1,200 more on groceries in one year if they had to deal with the price differences observed in the pricing experiments.
The price experimentation was part of a program that Instacart advertised to retailers as a way to maximize revenue.
Instacart probably began adjusting prices in 2022, when the platform acquired the artificial intelligence company Eversight, whose software powers the experiments.
Instacart claimed that the Eversight experimentation would be negligible to consumers but could increase store revenue by up to 3%.
“Advances in AI enable experiments to be automatically designed, deployed, and evaluated, making it possible to rapidly test and analyze millions of price permutations across your physical and digital store network,” Instacart marketing materials said online.
The company said the price chranges were not dynamic pricing, the practice used by airlines and ride-hailing services to charge more when demand surges.
The price changes also were not based on shoppers’ personal information such as income, the company said.
“American grocery shoppers aren’t guinea pigs, and they should be able to expect a fair price when they’re shopping,” Lindsey Owens, executive director of Groundwork Collaborative, said in an interview this month.
Shares of Instacart fell 2% on Monday, closing at $45.02.
-
Entertainment1 week agoHow the Grinch went from a Yuletide bit player to a Christmas A-lister
-
Connecticut1 week agoSnow Accumulation Estimates Increase For CT: Here Are The County-By-County Projections
-
World6 days agoHamas builds new terror regime in Gaza, recruiting teens amid problematic election
-
Indianapolis, IN1 week agoIndianapolis Colts playoffs: Updated elimination scenario, AFC standings, playoff picture for Week 17
-
Southeast1 week agoTwo attorneys vanish during Florida fishing trip as ‘heartbroken’ wife pleads for help finding them
-
Business1 week agoGoogle is at last letting users swap out embarrassing Gmail addresses without losing their data
-
World1 week agoSnoop Dogg, Lainey Wilson, Huntr/x and Andrea Bocelli Deliver Christmas-Themed Halftime Show for Netflix’s NFL Lions-Vikings Telecast
-
World1 week agoBest of 2025: Top five defining moments in the European Parliament