Allegations of IP theft surrounding ChatGPT

Every so often, a groundbreaking invention comes along that significantly impacts people’s daily lives. Just as Google, Facebook, and the iPhone revolutionized the way we interact with technology, the newly launched service from OpenAI, ChatGPT, possesses the potential for a similar long-lasting effect. ChatGPT is an artificial intelligence (AI) chatbot that utilizes advanced AI algorithms to provide users with detailed and comprehensive responses to their inquiries. While AI-powered virtual assistants like Siri and Alexa have dominated the market in recent years, ChatGPT sets itself apart by its ability to tackle complex tasks beyond simple question answering.

Unlike other AI chatbots, ChatGPT can generate original poems, design intricate games, and solve complex mathematical equations within a matter of seconds. Its remarkable efficiency and effectiveness have earned widespread praise from various groups, including programmers and business owners. However, as with any technological advancement, there are some drawbacks. One particularly concerning issue associated with ChatGPT is the potential for plagiarism.

Imagine a scenario where a student needs to write a one-page essay on World War II for a class assignment. They turn to ChatGPT for assistance by inputting the instruction to draft the essay. ChatGPT then generates the entire essay. However, if the student submits this essay as their own without proper citation or acknowledgment, does it constitute plagiarism? According to OpenAI’s terms of use, the user is granted full ownership of the content produced by ChatGPT. Therefore, strictly speaking, the essay belongs to the student. However, plagiarism is generally defined as presenting someone else’s original ideas or creative work as one’s own. Since the substance of the essay originated from ChatGPT and not the student, it can still be perceived as an act of plagiarism.

It’s important to note that ChatGPT doesn’t generate responses from scratch. The model is trained using vast amounts of data collected by its developers. Significantly, ChatGPT doesn’t provide attributions for the sources it references. In the aforementioned example, if ChatGPT generates an essay heavily relying on the work of a renowned historian without proper citation, and the student submits it as their own, it can be argued that the student is effectively plagiarizing the historian’s work.

Furthermore, ChatGPT has also faced accusations of copyright infringement. Copyright law offers legal protection to original works, encompassing literary, scientific, and artistic creations. Under this jurisdiction, works are protected from the moment of their creation. Using someone else’s work without their consent constitutes copyright infringement. Recently, OpenAI has been subjected to a class-action lawsuit where authors allege that their copyrighted work was used to train ChatGPT without their permission. If these claims are proven true, OpenAI and users who utilized such copyrighted material could face potential legal consequences.

OpenAI recognizes and is actively working to address these legal concerns. They are reportedly developing a tool to identify texts generated by ChatGPT, which could help educators detect cases of potential plagiarism. OpenAI’s website also allows creators to report users who infringe upon their copyright. Users found guilty of such acts may have their accounts terminated. However, these measures aren’t foolproof solutions. Therefore, for the time being, users must exercise caution when employing this technology.

In conclusion, OpenAI’s ChatGPT has the potential to create a significant impact on various industries and daily life. While its impressive capabilities and efficiency are commendable, the issue of potential plagiarism and copyright infringement remains a concern. OpenAI is actively seeking to address these issues, but users must remain vigilant and responsible when utilizing this powerful tool.

About the Author:
Mario C. Cerilles Jr. is a co-founder of Cerilles and Fernan Intellectual Property Law and also teaches intellectual property law at the University of the Philippines College of Law. He can be reached via email at [email protected].

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