OpenAI and Microsoft Sued for Alleged Illegal Data Scraping in AI Training

Thumbnail Image

The information displayed in the AIM should not be reported as representing the official views of the OECD or of its member countries.

OpenAI and Microsoft face multiple class-action lawsuits alleging they unlawfully scraped private and copyrighted data, including from children, to train AI models like ChatGPT and Dall-E without user consent. The lawsuits claim violations of privacy and intellectual property rights, prompting Microsoft to pledge legal fee coverage for affected customers.[AI generated]

Why's our monitor labelling this an incident or hazard?

The event involves an AI system (ChatGPT and other generative AI) whose development allegedly involved misuse of personal data, leading to privacy law violations, which constitute harm to individuals' rights. This fits the definition of an AI Incident because the AI system's development has directly led to violations of fundamental rights (privacy). The lawsuit indicates realized harm rather than just potential harm, so it is not merely a hazard or complementary information.[AI generated]
AI principles
Privacy & data governanceRespect of human rightsTransparency & explainabilityAccountability

Industries
Media, social platforms, and marketingArts, entertainment, and recreationConsumer servicesIT infrastructure and hosting

Affected stakeholders
General publicChildren

Harm types
Human or fundamental rightsEconomic/PropertyReputationalPsychological

Severity
AI incident

Business function:
Research and developmentCitizen/customer service

AI system task:
Content generationInteraction support/chatbots


Articles about this incident or hazard

Thumbnail Image

OpenAI, Microsoft hit with new US consumer privacy class action

2023-09-06
Reuters
Why's our monitor labelling this an incident or hazard?
The event involves an AI system (ChatGPT and other generative AI) whose development allegedly involved misuse of personal data, leading to privacy law violations, which constitute harm to individuals' rights. This fits the definition of an AI Incident because the AI system's development has directly led to violations of fundamental rights (privacy). The lawsuit indicates realized harm rather than just potential harm, so it is not merely a hazard or complementary information.
Thumbnail Image

Microsoft assumes legal liability as artists, authors battle AI encroachment

2023-09-07
Yahoo! Finance
Why's our monitor labelling this an incident or hazard?
The article explicitly mentions AI systems (ChatGPT, LLaMA) trained on large datasets including artists' and authors' works without consent or compensation, leading to legal claims of copyright infringement. This constitutes a violation of intellectual property rights due to the AI system's development and use, which is a recognized harm under the AI Incident definition. Therefore, this event qualifies as an AI Incident.
Thumbnail Image

OpenAI and Microsoft accused of stealing data to train ChatGPT in new class action suit

2023-09-06
Cointelegraph
Why's our monitor labelling this an incident or hazard?
The event involves AI systems (ChatGPT, DALL-E, Vall-E) whose development allegedly relied on illegally scraped private and copyrighted data, constituting a breach of intellectual property and privacy rights. The lawsuit claims actual harm has occurred due to this unauthorized data use, which fits the definition of an AI Incident under violations of human rights or intellectual property rights. The AI system's development is central to the harm, and the event is not merely a potential risk or a complementary update but a direct allegation of harm caused by AI system development practices.
Thumbnail Image

Two Engineers Bring Class Action Lawsuit Against OpenAI, Microsoft

2023-09-07
TechRepublic
Why's our monitor labelling this an incident or hazard?
The event involves the use of AI systems (OpenAI's generative AI models) and alleges that their development involved unauthorized use of personal and professional data, constituting a violation of intellectual property and privacy rights. This fits the definition of an AI Incident because the AI system's development and use have directly or indirectly led to a breach of obligations under applicable law intended to protect intellectual property and personal rights. The lawsuit is a direct response to these harms. Therefore, this event qualifies as an AI Incident.
Thumbnail Image

OpenAI Hit With Another Wide-Ranging Lawsuit Over Web Scraping

2023-09-07
news.bloomberglaw.com
Why's our monitor labelling this an incident or hazard?
The event involves the development and use of AI systems (OpenAI's AI programs trained on scraped data). The alleged unlawful web scraping and use of personal data without consent directly relate to violations of intellectual property and privacy rights, which are covered under the definition of harm (c) - violations of human rights or breach of obligations under applicable law protecting fundamental and intellectual property rights. Since the complaint alleges actual violations and harm has occurred or is ongoing, this qualifies as an AI Incident rather than a hazard or complementary information.
Thumbnail Image

OpenAI lawsuit alleges data scraping in training AI models

2023-09-09
CoinGeek
Why's our monitor labelling this an incident or hazard?
The article explicitly states that OpenAI and Microsoft allegedly used illegal web scraping to obtain private data for training AI models, including data from children, without informed consent. This constitutes a violation of privacy and intellectual property rights, which falls under harm category (c) "Violations of human rights or a breach of obligations under the applicable law intended to protect fundamental, labor, and intellectual property rights." The AI system's development and use are directly linked to this harm. Hence, this qualifies as an AI Incident rather than a hazard or complementary information.
Thumbnail Image

Microsoft to pay legal fees for customers sued while using its AI products

2023-09-08
Verdict
Why's our monitor labelling this an incident or hazard?
The event involves AI systems (Microsoft's AI products including generative AI like ChatGPT) and legal claims alleging violations of privacy and copyright laws due to data collection and use in AI training. The harms described include violations of legal rights and potential breaches of privacy and intellectual property rights, which fall under the definition of AI Incidents. Microsoft's commitment to cover legal fees for customers sued for copyright infringement further underscores the direct link between AI system use and legal harms. Therefore, this event qualifies as an AI Incident due to realized or alleged harm related to AI system use and development.
Thumbnail Image

Is the Microsoft-OpenAI partnership on the rocks? Analysts weigh in | IT World Canada News

2023-09-07
ITWorld Canada
Why's our monitor labelling this an incident or hazard?
The article centers on legal actions and corporate strategy concerning AI systems, specifically privacy lawsuits against Microsoft and OpenAI for data scraping without consent. While these lawsuits imply potential violations of privacy and intellectual property rights, the article does not describe a concrete AI Incident where harm has been realized due to the AI system's use or malfunction. Instead, it provides information on ongoing legal challenges, corporate responses, and market perceptions, which fits the definition of Complementary Information as it enhances understanding of AI ecosystem developments and governance responses without reporting a new AI Incident or AI Hazard.
Thumbnail Image

OpenAI and Microsoft Face Class-Action Lawsuit Over Alleged Data Scraping | Binance News on Binance Feed

2023-09-06
Binance Blog
Why's our monitor labelling this an incident or hazard?
The event explicitly involves AI systems (ChatGPT, Dall-E, Vall-E) and alleges that their development involved unlawful use of private and copyrighted data without consent, constituting a violation of intellectual property and privacy rights. This directly relates to harm category (c) under AI Incidents. The lawsuit is a legal proceeding addressing these harms caused by the AI systems' development and use. Therefore, this qualifies as an AI Incident.
Thumbnail Image

OpenAI et Microsoft auraient-elles volé nos données personnelles pour entraîner leur IA ?

2023-09-11
Clubic.com
Why's our monitor labelling this an incident or hazard?
The article explicitly mentions that OpenAI and Microsoft are accused of using stolen personal data to train AI systems, which is a violation of privacy rights and applicable law. This directly relates to the development of AI systems and the alleged harm is a violation of human rights (privacy). Since the harm is realized (lawsuit filed) and directly linked to AI system development, this qualifies as an AI Incident rather than a hazard or complementary information.
Thumbnail Image

ChatGPT accusé d'avoir aspiré les données personnelles de centaines de millions de personnes

2023-09-11
BFMTV
Why's our monitor labelling this an incident or hazard?
The complaint directly links the AI system ChatGPT's training process to violations of privacy laws and personal data misuse, which falls under violations of human rights and legal obligations. The AI system's development involved scraping personal data without consent, leading to alleged harm to individuals' privacy rights. This meets the criteria for an AI Incident because the AI system's development and use have directly or indirectly led to a breach of applicable law protecting fundamental rights.
Thumbnail Image

OpenAI et Microsoft accusés d'avoir volé des données de millions d'internautes pour former ChatGPT

2023-09-11
01net
Why's our monitor labelling this an incident or hazard?
The event involves the development and use of an AI system (ChatGPT) that allegedly used personal and copyrighted data without authorization, leading to violations of privacy and intellectual property rights. These constitute harms under the AI Incident definition (violations of human rights and intellectual property rights). Since the harm is alleged to have already occurred and a legal action is underway, this qualifies as an AI Incident rather than a hazard or complementary information.
Thumbnail Image

Les entreprises OpenAI et Microsoft accusées d'avoir volé les données personnelles de centaines de millions de personnes

2023-09-11
midilibre.fr
Why's our monitor labelling this an incident or hazard?
The complaint alleges that AI systems were trained using stolen personal data, which is a breach of privacy laws and intellectual property rights. This directly relates to the development and use of AI systems and the harm caused is a violation of fundamental rights (privacy and property rights). Therefore, this qualifies as an AI Incident due to realized harm linked to AI system development and use.
Thumbnail Image

ChatGPT aurait volé les données personnelles de millions d'internautes

2023-09-13
Génération-NT
Why's our monitor labelling this an incident or hazard?
The complaint alleges that the AI system's development involved unauthorized use of personal data, which constitutes a violation of applicable laws protecting personal data and intellectual property rights. Since the AI system's development directly led to potential legal violations and harm to individuals' rights, this qualifies as an AI Incident under the framework, specifically under violations of human rights or breach of obligations under applicable law.
Thumbnail Image

Le partenariat Microsoft-OpenAI est-il en péril ? Des analystes s'expriment | Direction Informatique - Actualités

2023-09-12
Direction Informatique
Why's our monitor labelling this an incident or hazard?
The article explicitly mentions that Microsoft and OpenAI are defendants in class-action lawsuits alleging violations of privacy laws through unauthorized data scraping to train AI models, including data from children, and unauthorized disclosure of user intellectual property. These are direct violations of legal frameworks protecting fundamental rights and intellectual property, which constitute AI Incidents under the OECD framework. The harms have already occurred as lawsuits have been filed and companies have banned ChatGPT use at work. The AI systems involved are large language models like ChatGPT, clearly AI systems. Therefore, this event qualifies as an AI Incident due to realized violations of privacy and intellectual property rights caused by AI system development and use.