Microsoft says Copilot rarely reproduces substantial copyrighted text [3]

Microsoft says fewer than 1 percent of 8.2 million selected Copilot conversations reproduced at least 16 words from news content used to ground the system.[3] It also says an authors’ expert found only 24 responses containing at least 30 matching words and matches involving just 10 of 212 evaluated books, while The New York Times maintains that Microsoft and OpenAI used its journalism to build competing commercial products.[3] Why it matters: Microsoft is using the log analysis to support its argument that AI training is transformative fair use and that occasional text reproduction does not negate that purpose; publishers and authors argue that the products substitute for and undermine their work.[3] Key insights: The 8.2 million logs were selected because they contained keywords connected to plaintiff news sites, making them comparatively likely to contain the publishers’ works, according to Microsoft.[3] | Microsoft says 59,545 conversations contained at least 16 words in common with grounded news content.[3] | An expert for the Center for Investigative Reporting identified 51 instances of substantial overlap with CIR material in the dataset, Microsoft says.[3] | The publishers’ and authors’ claims have been consolidated before one judge despite their objections.[3] Cheatsheet facts: What changed: Microsoft submitted quantitative evidence from millions of Copilot logs while seeking summary judgment in copyright litigation brought by publishers and authors.[3] | Why now: Microsoft argues that the observed reproduction rates strengthen its fair-use defense, while The New York Times disputes that interpretation.[3] | Watch next: The judge’s summary-judgment decision: a ruling for Microsoft would end the case early, while a ruling for the plaintiffs would allow the litigation to continue.[3]