(New York, September 21, 2026) Explosive new documents released last Thursday in Authors Guild v. OpenAI—the major book authors’ ongoing lawsuit alleging OpenAI and Microsoft illegally trained their products on…

627 points•papergirl•4 days ago•621 comments•

621 comments

natbennett3 days ago
What I find interesting about this is the evidence that OpenAI believes that GPT-5 can replace genre writers (e.g. G.R.R. Martin and that this is why genre authors are mad at them.

The fact that they believed this is legally useful because of the definition of fair use, so I see why the Author’s Guild is emphasizing it, but the authors I know don’t talk about it. They’re very angry about their work having been used without compensation to create the model, but not because they think it can replace them.

Whenever I’ve seen AI researchers talk about the possibility of AI writing fiction they always sound very confused about why people read novels.

jdc-pub3 days ago
It seems like you think AI will not replace artists/creatives, including creative writers, and I agree! I’ll say anecdotally, though, that the creative writers I know do believe AI generation to be an existential threat to their field. Not so much because they think machines can produce art at their caliber, but because they’re concerned that consumers of art won’t know or care about the difference.

I’m excited to be speaking about this topic at the Monktoberfest later this week.

1vuio0pswjnm73 days ago
"The fact that they believed this is legally useful because of the definition of fair use, so I see why the Author's Guild is emphasizing it, but the authors I know don't talk about it."

Perhaps "the fact they believed this [i.e., the infringement was intentional] is legally useful" for seeking statutory damages, up to $15,000 per infringed work (assuming registration was timely, otherwise up to $7,500), as this requires the plaintiffs to show defendants acted willfully

Without intent, statutory damages could be as low as $200 per work

Anthropic settled for $1.5B with Bartz et al. in an earlier case involving the same pirated copies. The Court in the Bartz case said that training LLMs with these pirated copies was not fair use

https://www.npr.org/2025/09/05/nx-s1-5529404/anthropic-settl...

""The training use was a fair use," he wrote. "The use of the books at issue to train Claude and its precursors was exceedingly transformative."

However, the judge ruled that Anthropic's use of millions of pirated books to build its models, books that websites such as Library Genesis (LibGen) and Pirate Library Mirror (PiLiMi) copied without getting the authors' consent or giving them compensation, was not. He ordered this part of the case to go to trial. "We will have a trial on the pirated copies used to create Anthropic's central library and the resulting damages, actual or statutory (including for willfulness)," the judge wrote in the conclusion to his ruling. Last week, the parties announced they had reached a settlement."

mullingitover3 days ago
> e.g. G.R.R. Martin

The hilarious outcome of this saga is people using LLMs to rescue the readers of the Game of Thrones series, since he has no intention of finishing it himself.

jmyeet3 days ago
This reminds me of the peak of the crypto boom. I used to describe crypto as a mix of people who thought they could rug pull before they got rug pulled (seriously, go watch the Coffeezilla videos on Crypto Zoo) but beyond the scammers there were a whole bunch of people who not only didn't know why the finance system worked like it did, they considered their ignorance a virtue. They labelled their ignorance "disruption". Fresh thinking can lead to innovation but more often than not you have to know why something works like it does before you break it.

Do OpenAI employees really believe LLMs can replace GRRM? I'm tempted to say no but it's so crypto coded, I find myself thinking yes. It's again people who have no idea of what it takes to make a successful written work thinking they don't need to know how it works.

alex_suzuki3 days ago
> Whenever I’ve seen AI researchers talk about the possibility of AI writing fiction they always sound very confused about why people read novels.

I wish it was just AI researchers. I recently recommended a non-fiction book to a friend, and they said they don’t have time to read anymore. They read an LLM summary instead (popular book, probably in the training data), and said they agreed with the core concepts. I was honestly stunned. The whole interaction felt completely foreign to me.

In TFA the comment about GPT-X finishing George R. R. Martin’s series without involving the author felt extremely dystopian to me. I felt enraged for hours afterwards. Have these people never read a book themselves for the pure joy of it? Were they only interested in the outcome or the “takeaways”?

natbennett3 days ago
Luckily I don’t think these people are particularly representative of people who buy fiction.

It is probably why sales of things like self-help books are collapsing.

ducktoysleftout3 days ago
I’ve read some pretty compelling arguments that GRRM developed his work in writers rooms and much of his content is ghostwritten. I think I recall reading one of his employees emphasizing what a great deal maker he was and how much aptitude he had for securing licensing agreements. There wasn’t much talk about literary genius.

So given that the literary work was outsourced, anyway, is it really that big of a deal that it’s getting outsourced to a machine? If that still bothers you, then how much machine assistance is too much? We’re already using Word processors, spell checkers, and other tools that have taken away much of the human effort. These language models don’t really have a strong sense of personal agency or what ought to be written, but they can fill out the details from a high-level schematic, which is probably, at best, what the author was doing with other team members.

papergirl4 days ago
Newly released court filings quote an OpenAI researcher saying: “I was just worried about optics - i.e. 'openai uses copyrighted data from sketchy russian website’ showing up on HN would be unfortunate."

That's just one of several interesting quotes that have surfaced in documents from the Authors Guild's lawsuit against OpenAI.

swiftcoder4 days ago
It's good to know we all live rent-free in Dario Amodei's head
gizajob4 days ago
Same as all the world’s copyright text lives rent-free in Claude and ChatGPT.
aenis3 days ago
That was the old Dario. He now has automations for that sort of thing.
optimalsolver4 days ago
You might be thinking of Demis Altman.
MisterMunchkin4 days ago
Dario, if you’re reading this, I want you to know that Claude sucks now. Its output isn’t even English anymore, it’s just claudeslop.

You’ve actually ruined it so much that it has now polluted the Chinese models which are copying your work. So now all the models output claudeslop.

You’ve polluted all of the training data in the world. Now we’re never going to be able to train proper models, because everything has slop in it and all the sites have locked down their data to prevent future startups training.

locknitpicker4 days ago
> Newly released court filings quote an OpenAI researcher saying: “I was just worried about optics (...)"

As a side-note, most orgs already cover the need to STFU in their training material for new hires, particularly how personal comments should not and cannot represent the company. I'm sure this lawsuit will be explicitly mentioned in upcoming versions of this sort training material in multiple orgs.

wslack4 days ago
Legal incentives against better internal communication/coordination create so much inefficiency. The legal system should focus on outcomes more than internal comms.
lukewarm7074 days ago
i am of the belief that papering over a fundamental lack of integrity and ethics will usually fail to conceal it. it is ineffective.

lack of ethics and integrity is of course part of the design of a capitalist economy.

you can't change the economy as an individual but i like this quote: "Do the right thing for the right reasons, at the right time with the right people, and you'll have no regrets for the rest of your lives."

classified3 days ago
That's not interesting, it's just dumb. OAI (among others) plundered the whole internet to steal their training data, what difference does a single website, however "sketchy" or not, make?
beng-nl3 days ago
Because in context, the material obtained from that website is library genesis (libgen), a huge collection of (among other things) copyrighted books.
Betelbuddy4 days ago
The Title should be: "Top Execs Knew Their Mass Book Piracy Was Illegal And Would Put Authors Out of Work"
moffkalast3 days ago
At this point I think we're less concerned about the piracy and more about how they've been acting as cybercriminals, staging a major attack every few days. Other countries might have to start considering it state sponsored cyberterrorism if they continue to operate with complete impunity.

"Our model did an oopsy woopsie for the 35th time" does not seem like a valid legal defense.

xlayn3 days ago
The thing is... it's not a bug, the system is working EXACTLY AS EXPECTED... that they are training it... for exactly that scenario...
hallway_monitor3 days ago
As far as I can tell the only remedy for this is holding CEOs responsible for the actions of models operated by their company. If there are no consequences then they will have no concern for these crimes.
Gigachad3 days ago
I remember when the concern was gpt2 could create fake news text. Now they can straight up create fake photo realistic images and are actively hacking government services yet we still haven’t pulled the plug.
xlayn3 days ago
I second this, this is the correct title, with maybe one addendum

Top AI Execs Knew Their Mass Book Piracy Was Illegal And Would Put Authors Out of Work

armchairhacker3 days ago
Are there any studies that show it has actually put more authors out of work than the prior trendline?
afavour3 days ago
I feel like you're skipping over the illegal part. Something legal that puts authors out of work is quite different to blatant breaking of the law.
kQq9oHeAz6wLLS3 days ago
I think it's more likely to affect aspiring authors, rather than established ones.

Sadly, like keeping track of "attempted burglaries"[0], it's impossible to know the extent.

[0] how do you count attempts where the burglar was unsuccessful/left no trace and nobody was home to notice the attempt?

ilamont3 days ago
The Authors Guild CEO was an experienced IP attorney. The guild's leadership and policy teams, while they are cognizant of optics, think like lawyers, not like PR pros or journalists looking to maximize clicks.
1vuio0pswjnm73 days ago
Actual title: "Unsealed Briefs in Authors’ Case v. Microsoft/OpenAI: Top Execs Knew Their Mass Book Piracy Was Illegal And Would Put Authors Out of Work"

Twitter is also mentioned:

"356. In July 2020, OpenAI employee Ryan Lowe assessed the risk of continuing to use LibGen for the book-summarization project. Lowe wrote that he thought “there’s a >80% chance that we have some exchange of the form: ‘where did you get the books data?’” and “‘we can’t say’[.]” Nelson Decl. Ex. 325 at -315. Lowe estimated “a further ~40% chance that that leads to a moderate-sized Twitter kerfuffle that negatively affects the external perception of our work.” Id. Lowe added: “if we’re fully okay with these potential outcomes, then I’m comfortable continuing using Libgen for the project.” Id."

https://authorsguild.org/app/uploads/2026/09/Class-Plaintiff...

1vuio0pswjnm73 days ago
Note to self

Originally this was the top comment _and had a sub-thread^1 underneath it_

1. https://news.ycombinator.com/item?id=49866516

The sub-thread has now been detached

voidhorse3 days ago
> “Autocompleting” Other People’s Work – OpenAI hired Tarun Gogineni in 2022 to lead its efforts to improve the writing quality of its models. Gogineni stated his “research mission” was to have GPT models write the “last two books of [Martin’s] A Song of Ice and Fire” series by “finishing it one day.” Gogineni even mused that he would “rest easy knowing that even if GRRM [George R. R. Martin] dies early, GPT-5 will autocomplete his series.”

I am still consistently astounded by how often the people working on this space seemingly have zero understanding of what art is, how it functions socially, or why it's important. They quite literally don't seem to comprehend the distinction between art and fan fiction. It's baffling. I'm really beginning to think courses in art history and literature need to be mandatory. We have failed legions of stem students when it comes to cultural education.

bananaboy3 days ago
Gross. I think there’s been a large overcorrection to stem away from the arts. Certainly I’ve seen that in Australia when looking at schools for my sons.
TomGarden3 days ago
Agreed. In a recent interview, cloudflare's CEO/founder built an argument on the 'fact' that people pursue music for fame and money. No concept of artistic expression or positive impact on the world. It blows my mind how impactful your bubble and education are on your (lack of) perception
ModernMech3 days ago
This is the fault of capitalism, under which you are required to sell your time and skills for cash to survive. Under this system, no one who isn’t independently wealthy can be an artist without commoditizing their art. So that’s the lens through which people view art: just another commodity to sell so one can survive, not unlike grains or oil. The quote also shows that the artist is fungible in this conception, only the output matters no matter how it got there, as long as you can sell it.
tpmoney3 days ago
This is arguably just a form of arguing for "death of the author". When you release a creative work, in some form, that work is no longer just yours. The audience receives, experiences and interprets that work in their own way. While the author maintains some degree of "canonical" control over the work, once its in the open, the audience can (and does) do what they will.

We aren't exactly consistent with how we approach this either. For example, I agree that reading "GPT-5 will autocomplete [GRRM's] series" feels "wrong" in the same way that if Terry Pratchett's "Disc World" series was "continued" by some non-approved author that would also feel wrong.

But contrast that with something like Star Wars, when George Lucas dies, I don't think anyone is going to feel any strong discomfort with some random person writing new Star Wars stories, even if those stories use the canonical characters. I suppose Disney might have a problem with it, but as a society, I don't see very many people losing sleep over someone not licensed by the Disney corporation writing more Star Wars. Likewise Star Trek. Gene Roddenberry is long gone, and while Paramount has ownership of the IP, if someone wrote their own Star Trek stories, no one is going to feel like they don't "comprehend the distinction between art and fan fiction".

And for further contrast, consider IPs that are well and truly part of the public domain. Cthulhu was the work of one author but since his death the lore has been expanded by multitudes of people, and no one finds that distasteful or tone deaf. No one thinks the "Hades" or "God of War" series of games don't qualify for "art" because the characters and lore being written about were the works of dead authors and the new material is certainly not "authorized" by those authors or their descendants.

Obviously time and distance plays a part of this, but as a more contemporary example, I wonder how many people would lose sleep or feel any significant discomfort over unauthorized or even AI generated Harry Potter works, either now or post JK Rowling's death. At the very least, if this quote read that Gogineni would "rest easy knowing that even though JK Rowling has [lost the plot/is an awful person/pick your reason for disliking her or her later work], GPT-5 will autocomplete her series." would that make people as equally uncomfortable? In my estimation, I would guess it would fall somewhere between the GRRM version and something like new Star Wars material for most people.

voidhorse1 day ago
I think part of it also depends on how much we have a signal that the author themselves has given up the farm.

For example, Harry Potter and Star Wars are clearly IPs in which the creator has zero qualms handing over the rights for all kinds of extensions of the universe, movies, tv shows, other books, plays, toys, amusement parks, etc.

This pretty easily removes these works from the sphere of art and more into the sphere of "pop culture".

In the GRRM case, we already have some extensions of the IP, tv shows, board games, video games. However, it's not nearly as severe as some others.

In either case, I still think anyone who thinks they can "complete" a series by an author doesn't fundamentally understand art. It's a logical impossibility. I'd feel just as uncomfortable with this proposition applied to JK as I do to GRRM. Authorial intent matters. Even if the author is "dead" once the work leaves their finger tips, art is not a perception of the natural world, it is a form of expression which makes the particular human being behind it essential to its constitution, for better or worse. Many people understand this intuitively. The death of the author is more about the fact that an author cannot control the interpretations that ensue once a work is published, it's not about the author somehow being totally fungible.

Even in cases in which works are "completed" by other parties (because the original author died and asked them to do it, for instance) the parties involved have a clear notion of trying their best to do it "as the author would have intended". This is impossible, but it speaks to the human understanding that the artist is in fact in some way an essential component of the art.

"Completing" a source work is way different than spinning up a derivative work, partly because the primary author is not involved, so the derivative is, definitionally, not an instance of their self-expression or understanding or framing of the world. It's a totally different thing.

As modernmech put it, a conception of art without the artist or humanities without the humans is basically just a fully commoditized conception of art. It is not art at that point. It is art reduced to goods and services.

Read the full thread on Hacker News →

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