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And OpenAI may lose because of the licensing deals it negotiated. Those deals created a market for the publishers’ data, and under copyright law, if you’re disrupting such a market, well, that’s not fair use. This particular line of argument most recently came up in a Supreme Court case about an Andy Warhol painting that was found to unfairly compete with the original photograph used to create the painting.
The legal questions aren’t the only ones, of course. There’s something even more basic I’ve been wondering about: do people want answer engines, and if so, are they financially sustainable? Search isn’t just about finding answers — Google is a way of finding a specific website without having to memorize or bookmark the URL. Plus, AI is expensive. OpenAI might fail because it simply can’t turn a profit. As for Google, it could be broken up by regulators because of that monopoly finding. ...
See the full story here: https://www.theverge.com/2024/8/30/24230975/openai-publisher-deals-web-search?utm_source=substack&utm_medium=email