After Harvard leader (and Board member of Harvard Corp.) Claudia Gay dismissed concerns about anti-Semitism due to lack of protection from hate speech and violence directed at Jewish people, the broader community began to look at the scholarly work of this little-known activist who somehow was placed in charge of nearly $60 billion in money - and having a vote in hiring or firing herself.

There was an alarming amount of plagiarism, yet the New York Times quickly rushed to defend their political ally and reframe it as "duplicative language" - but that was not Joe Biden stealing British politician Neil Kinnock's life story for a speech, this was printed scholarship.

So it seems strange that the same company is suing OpenAI and Microsoft for using articles, including some written by the New York Times, to train their Language Models. The irony is, of course, that the $8 billion corporation has long used AI - it is really just a fancy autocomplete - for lots of stories that they then copyright.

When their lawyers are trying to generate a settlement, it is not "duplicative language", it is plagiarism. It is obvious this is a sue-and-settle effort for a quick payout because NYT hired Susman Godfrey, who got Fox News to settle for almost $800 million to Dominion Voting Systems after the controversial voting technology company sued for defamation. It is also obvious because they included Microsoft, who is only an investor in the company.

Will they win? Absolutely, much like government regulations are stuck in the 1960s when it comes to medical and biological technology, jurors are going to be fed law based from a century ago. If they see the same "duplicative language" as used by Claudia Gay in her work, they will see it as plagiarism. 

OpenAI can't risk NYT 'pleading the alternative' - it is not plagiarism if it is duplicative language in stories written by their paper but it is plagiarism if there is duplicative language in other articles created by OpenAI - because a jury will ignore the hypocrisy and see common sense. And Gay is not on trial, OpenAI will be.

The company will have to settle.