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Authors Nicholas Basbanes and Nicholas Gage join a growing list of plaintiffs suing Microsoft and OpenAI, claiming the companies used their copyrighted works to train AI systems without permission, seeking justice for all creators.
Nonfiction book authors Nicholas Basbanes and Nicholas Gage have taken legal action against Microsoft and OpenAI, alleging that the tech giants "simply stole" their copyrighted works to build a billion-dollar artificial intelligence system. The lawsuit, filed as a putative class action in Manhattan federal court, follows a similar complaint by The New York Times, which accused the companies of using its content to train large language models.
The stakes are high for both sides. For authors and content creators, this case is about protecting their intellectual property and ensuring fair compensation for their work. For Microsoft and OpenAI, it's about navigating the rapidly evolving landscape of AI development and copyright law.
Basbanes and Gage argue that Microsoft and OpenAI used their copyrighted material without permission or payment to train and enhance their AI systems. This practice, they claim, not only violates copyright laws but also undermines the value of creative work. In their complaint, the authors note that the defendants "publicly acknowledged that copyright owners like Plaintiffs must be compensated for Defendants' use of their work."
The lawsuit comes on the heels of a similar case brought by The New York Times against Microsoft and OpenAI. Filed just over a week earlier, the Times' complaint alleges that the companies used its content to train AI models without proper compensation. The newspaper is seeking "billions of dollars" in monetary damages.
This pattern of lawsuits highlights a growing concern among content creators: as AI technology advances, so does the risk of their work being used without fair recompense. The New York Times' action has set a precedent that other authors and publishers are now following.

Microsoft is both an investor in and supplier to OpenAI, which created the popular AI chatbot ChatGPT. This relationship adds another layer of complexity to the legal battle. While Microsoft and OpenAI have acknowledged the need to compensate copyright owners, they have not yet provided a clear framework for how this will be achieved.
This lawsuit is part of a larger debate about the ethical and legal boundaries of AI development. As these systems become more sophisticated, they increasingly rely on vast amounts of data, much of which is created by individuals who may not have given explicit consent for its use. This raises questions about ownership, compensation, and the future of content creation.
For authors like Basbanes and Gage, the issue is personal. They argue that their work has been devalued by the unauthorized use of their content to train AI models. "We are asking for justice and fair compensation," they state in their complaint. "Our work deserves respect and recognition."
The outcome of these lawsuits could have far-reaching implications for the tech industry and content creators alike. If successful, they may set a new standard for how companies like Microsoft and OpenAI must handle intellectual property when developing AI systems. For now, both sides are preparing their cases, and the legal community is watching closely.
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Amara's entry point into AI was an epidemiology role at a London research hospital, where she spent five years studying how digital health tools reached — or conspicuously failed to reach — underserved communities. Watching early algorithmic systems in healthcare quietly entrench existing inequalities, she redirected her career toward the systemic consequences of AI at scale. She covers AI through an unflinching lens: who benefits, who bears the cost, and what evidence actually says versus what the press release claims. Her writing is calm and precise, but she doesn't mistake balance for neutrality.
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8 January 2024
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