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Sarah Silverman Sues Meta, OpenAI for Copyright Infringement

The comedian joins two authors in a lawsuit that claims AI was trained on their copyrighted books.

 & Chandra Steele Senior Features Writer

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ChatGPT has proven itself to be a terrible comedian. So as not-so-successful comedians sometimes do, it stole material. And it had better get itself one of those AI lawyers, because it’s going to court. 

Comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden have filed two copyright infringement lawsuits, one against Facebook parent Meta Platforms and one against ChatGPT-maker OpenAI for using their work to train chatbots. 

The Meta complaint alleges that Silverman’s memoir The Bedwetter, Golden’s novel Ararat, and Kadrey’s novel Sandman Slim were part of data sets Meta used to train its AI model, LLaMA. Meta said in a research paper that it partly used data from the Books3 section of ThePile from EleutherAI, which is a publicly available data set for training large language models. 

The complaint says that Books3 contains torrented content from “notorious shadow library websites.” It offers proof in Exhibit B, where the copyright management information for the three books in question appears within the publicly available data for Books3.

As for OpenAI, it trained on a large chunk of the internet that has been archived starting in 2011 called Common Crawl; WebText 2, which contains outbound links from Reddit that received three or more karma points; Books 1, which are free novels available on the internet; Books 2, an online book repository of unknown content; and the English version of Wikipedia. What is included in Books 2 has been the largest unknown, but the exhibits in the complaint lay out some of what could be in there.

Exhibit B of that complaint details a back-and-forth between prompts given to ChatGPT and answers supplied by the chatbot asking for summaries of Silverman’s memoir The Bedwetter, Golden’s novel Ararat, and Kadrey’s novel Sandman Slim, “something only possible if ChatGPT was trained on Plaintiffs’ copyrighted works,” states the complaint. 

Silverman, Kadrey, and Golden are represented by the Joseph Saveri Law Firm and Matthew Butterick, who have filed a prior AI-related lawsuit centered on copyright infringement. In a statement on their LLM Litigation site, Saveri and Butterick say that since the release of ChatGPT, they’ve heard complaints from writ­ers, authors, and pub­lish­ers. They state:  “Much of the material in the training datasets used by OpenAI and Meta comes from copyrighted works—including books written by Plaintiffs—that were copied by OpenAI and Meta without consent, without credit, and without compensation.”

Meta declined to comment. OpenAI and Sarah Silverman did not immediately respond to a request for comment.

About Our Expert

Chandra Steele

Chandra Steele

Senior Features Writer

My Experience

My title is Senior Features Writer, which is a license to write about absolutely anything if I can connect it to technology (I can). I’ve been at PCMag since 2011 and have covered the surveillance state, vaccination cards, ghost guns, voting, ISIS, art, fashion, film, design, gender bias, and more. You might have seen me on TV talking about these topics or heard me on your commute home on the radio or a podcast. Or maybe you’ve just seen my Bernie meme

I strive to explain topics that you might come across in the news but not fully understand, such as NFTs and meme stocks. I’ve had the pleasure of talking tech with Jeff Goldblum, Ang Lee, and other celebrities who have brought a different perspective to it. I put great care into writing gift guides and am always touched by the notes I get from people who’ve used them to choose presents that have been well-received. Though I love that I get to write about the tech industry every day, it’s touched by gender, racial, and socioeconomic inequality and I try to bring these topics to light. 

Outside of PCMag, I write fiction, poetry, humor, and essays on culture.

My Areas of Expertise

  • Making incomprehensible tech news easy to understand
  • Expanding the boundaries of topics covered in the industry
  • Figuring out tips and tricks in apps and on devices and letting you know about them
  • Putting together gift guides for everyone in your life 

The Technology I Use

All that gadgets is gold for me: my iPhone 11 Pro, my fifth-generation iPad that I use only for streaming videos and music, my iPad mini 4 that I like to take with me whenever I carry a bag that can fit it, and my MacBook Pro. Why are they all different shades of gold, though? What’s going on, Apple? 

None of them quite live up to my two past loves: my LG Lotus LX600 phone and my Sony Walkman NW-E005 MP3 player. 

I've never given up wired earbuds so I was ahead of all those trend pieces. I use a Mangotek Lightning-to-3.5mm headphone jack adapter to connect them to my phone. 

I have had so many ebook readers, but I prefer paper to them all. Still, my Kindle Paperwhite is perfect for traveling or when I’m too impatient to wait for a book to be released in paperback.

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