Higher prices may be in store for a range of materials used to build the data centers that will deliver AI.

In Brooklyn, a contemporary-art exhibition takes an unconventional look at schooling and the way education shapes us.

Time is on The Times' side Judge calls out OpenAIs straw man argument in New York Times copyright suit OpenAI loses bid to dismiss NYT claim that ChatGPT contributes to users infringement. Ashley Belanger Apr 4, 2025 5:19 pm | 15 Credit: gmast3r | iStock / Getty Images Plus Credit: gmast3r | iStock / Getty Images Plus Story textSizeSmallStandardLargeWidth *StandardWideLinksStandardOrange* Subscribers only Learn moreAfter The New York Times sued OpenAI in December 2023alleging that ChatGPT outputs violate copyrights by regurgitating news articlesthe ChatGPT maker tried and failed to argue that the claims were time-barred.According to OpenAI, the NYT should have known that ChatGPT was being trained on its articles and raised its lawsuit in 2020, partly because of the newspaper's own reporting. To support this, OpenAI pointed to a single November 2020 article, where the NYT reported that OpenAI was analyzing a trillion words on the Internet. But on Friday, US district judge Sidney Stein disagreed, denying OpenAI's motion to dismiss the NYT's copyright claims partly based on one NYT journalist's reporting.In his opinion, Stein confirmed that it's OpenAI's burden to prove that the NYT knew that ChatGPT would potentially violate its copyrights two years prior to its release in November 2022. And so far, OpenAI has not met that burden."The fact that one of The Timess reporters discussed OpenAIs" AI training fails to make it clear that the newspaper knew that ChatGPT outputs years later could possibly regurgitate the NYT's reporting, Stein explained.And OpenAI's other argumentthat it was "common knowledge" that ChatGPT was trained on NYT articles in 2020 based on other reportingalso failed for similar reasons."OpenAI fails to explain why the articles, even if their existence had been known to plaintiffs at the time of their publishing, are sufficient to put plaintiffs on notice of the particular infringing conduct by defendants that provides the basis for plaintiffs claims," Stein wrote, which "involve the specific copying of plaintiffs works by OpenAI."Essentially, the judge agreed with the NYT that OpenAI has not yet provided any evidence that the newspaper knew how ChatGPT would perform until the product was out in the wild. Therefore, he denied OpenAI's motion to dismiss those claims as time-barred, while denouncing as a "straw man" an OpenAI argument that the NYT, "as a 'sophisticated publisher,' had a duty 'to take prompt action after being put on notice of what it now claims to be alleged infringement.'"OpenAI may still be able to prove through discovery that the NYT knew that ChatGPT would have infringing outputs in 2020, Stein said. But at this early stage, dismissal is not appropriate, the judge concluded. The same logic follows in a related case from The Daily News, Stein ruled.Davida Brook, co-lead counsel for the NYT, suggested in a statement to Ars that the NYT counts Friday's ruling as a win."We appreciate Judge Stein's careful consideration of these issues," Brook said. "As the opinion indicates, all of our copyright claims will continue against Microsoft and OpenAI for their widespread theft of millions of The Timess works, and we look forward to continuing to pursue them."OpenAI may contribute to ChatGPT users infringementThe New York Times is also arguing that OpenAI contributes to ChatGPT users' infringement of its articles, and OpenAI lost its bid to dismiss that claim, too.The NYT argued that by training AI models on NYT works and training ChatGPT to deliver certain outputs, without the NYT's consent, OpenAI should be liable for users who manipulate ChatGPT to regurgitate content in order to skirt the NYT's paywalls.To win this claim, the NYT claims all that's required is a showing that OpenAI had reason to know that ChatGPT could be used this way, due to media reports and the NYT contacting OpenAI directly. But OpenAI thinks a more heightened standard should apply, and the NYT must prove that OpenAI had "actual knowledge" of or "willful blindness" to the alleged infringement.At this stage, Stein said that the NYT has "plausibly" alleged contributory infringement, showing through more than 100 pages of examples of ChatGPT outputs and media reports showing that ChatGPT could regurgitate portions of paywalled news articles that OpenAI "possessed constructive, if not actual, knowledge of end-user infringement." Perhaps more troubling to OpenAI, the judge noted that "The Times even informed defendants 'that their tools infringed its copyrighted works,' supporting the inference that defendants possessed actual knowledge of infringement by end users.""Taken as true, these facts give rise to a plausible inference that defendants at a minimum had reason to investigate and uncover end-user infringement," Stein wrote.To Stein, the fact that OpenAI maintains an "ongoing relationship" with users by providing outputs that respond to users' prompts also supports contributory infringement claims, despite OpenAI's argument that ChatGPT's "substantial noninfringing uses" are exonerative.OpenAI defeated some claimsFor OpenAI, Stein's ruling likely disappoints, although Stein did drop some of NYT's claims.Likely upsetting to news publishers, that included a "free-riding" claim that ChatGPT unfairly profits off time-sensitive "hot news" items, including the NYT's Wirecutter posts. Stein explained that news publishers failed to plausibly allege non-attribution (which is key to a free-riding claim) because, for example, ChatGPT cites the NYT when sharing information from Wirecutter posts. Those claims are pre-empted by the Copyright Act anyway, Stein wrote, granting OpenAI's motion to dismiss.Stein also dismissed a claim from the NYTregarding alleged removal of copyright management information (CMI), which Stein said cannot be proven simply because ChatGPT reproduces excerpts of NYT articles without CMI.The Digital Millennium Copyright Act (DMCA) requires news publishers to show that ChatGPT's outputs are close to identical to the original work, Stein said, and allowing publishers' claims based on excerpts "would risk boundless DMCA liability"including for any use of block quotes without CMI.Asked for comment on the ruling, an OpenAI spokesperson declined to go into any specifics, instead repeating OpenAI's long-held argument that AI training on copyrighted works is fair use. (Last month, OpenAI warned Donald Trump that the US would lose the AI race to China if courts ruled against that argument.)"ChatGPT helps enhance human creativity, advance scientific discovery and medical research, and enable hundreds of millions of people to improve their daily lives," OpenAI's spokesperson said. "Our models empower innovation, and are trained on publicly available data and grounded in fair use."Ashley BelangerSenior Policy ReporterAshley BelangerSenior Policy Reporter Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience. 15 Comments

Some spider species eat their siblings, especially when food is scarceDavid VILLA/SCIENCEIMAGE CBI CNRSA species of spider avoids cannibalising its siblings while they are alive, but does not seem to have qualms about eating its brethren as soon as they die. This suggests some spiders come to tolerate one another by learning to recognise a chemical or mechanical life signal, which could be a key piece to understanding the evolution of rare social spiders.Raphal Jeanson at the University of Toulouse in

Every spring, Hollywood treks to Las Vegas for CinemaCon, a week-long convention that showcases upcoming movie releases.The convention, run by Cinema United, the world's largest movie theater trade organization, is four days of studio executives and theater owners coming together to speak on how to better the industry. This year, one major topic of discussion was expanding the theatrical window on all movies before they can show up on video on demand or streaming.But the biggest draw the studios' flashy presentations. This year, Disney, Universal, Lionsgate, Sony, Paramount, Warner Bros, and Amazon MGM Studios highlighted what they have coming out in 2025 and beyond by screening trailers and footage.Some of the titles showcased in Vegas already have had trailers out online. But for many others, CinemaCon marked the first time footage was shown of an upcoming release. Below is a rundown of the most exciting new footage we saw at CinemaCon.If you want to see highlights from this year's CinemaCon at your local theater, look out for "Sneak Peek Showcase," a 70-minute recap that will play in theaters on April 22 and 24."The Phoenician Scheme" (May 2)Wes Anderson. Michael Loccisano/Getty Wes Anderson's latest release looks to be another ambitious tale filled with outlandish performances by acting greats and meticulous production design, costuming, and music.In "The Phoenician Scheme," Benicio del Toro plays the lead, Zsa-zsa Korda, the richest man in Europe. After surviving his sixth plane crash, Korda begins to take steps to hand over his estate to his daughter, played by Mia Threapleton.Michael Cera, Tom Hanks, Bryan Cranston, Riz Ahmed, Jeffrey Wright, Scarlett Johansson, and Benedict Cumberbatch also star."F1" (June 27)Brad Pitt as Sonny Hayes in "F1." Warner Bros. Pictures CinemaCon attendees screened the first ten minutes of what's sure to be one of Sony's biggest hits of the year.The movie opens showcasing Sonny Hayes' (Brad Pitt) skills behind the wheel at the 24 Hours at Daytona. After speeding until dawn to secure the win as the anchor of his racing team, Hayes is propositioned by an old racing friend (Javier Bardem) to join his team and mentor his No. 2 driver.Produced by Jerry Bruckheimer and directed by Joseph Kosinski (the duo behind "Top Gun: Maverick"), this has all the makings of a big summer box-office hit."M3GAN 2.0" (June 27)M3GAN 2.0. Universal After wowing audiences with her killing prowess (and her dance moves), M3GAN is back. Now in AI form following the events of the first movie, she's the one thing that can stop a new military robot named Amelia that is causing havoc. It all leads to M3GAN getting a complete physical makeover to save the day."The Naked Gun" (August 1)Liam Neeson in "The Naked Gun." Paramount Pictures If you miss a good raunchy comedy, this one's for you.After Leslie Nielsen's slapstick antics made detective Frank Drebin a comedy icon thanks to the "Police Squad!" and "Naked Gun" franchises, Liam Neeson has taken the reins to bring Drebin's silly antics to a new generation.The movie's first trailer shows Neeson doing everything from playing a schoolgirl to doing some unusual things to show his love for his dog. Paramount could have a sleeper hit on its hands."Weapons" (August 8)Zach Cregger. Michael Tran/AFP/Getty Following the success of "Barbarian," director Zach Cregger delivers what looks to be another horrifying tale you can't look away from.In "Weapons," a group of children go missing in the middle of the night, leading to a lot of frustration, finger-pointing, and some really, really terrifying events as a close-knit community in Florida spirals into madness.Josh Brolin, Julia Garner, Alden Ehrenreich, and Benedict Wong star."Caught Stealing" (August 29)Darren Aronofsky presenting at CinemaCon. Ethan Miller/Getty Images This year marked the first time Darren Aronofsky graced the CinemaCon stage, and he said the occasion was because it was finally time for him to do something "fun."For the guy known for making dark movies like "Requiem for a Dream," "Black Swan," and "The Whale," his latest seems to be a major pivot.Based on the Charlie Huston book of the same name, "Caught Stealing" stars Austin Butler as Hank, a former baseball player who is inexplicably chased around 1990s New York City by gangsters. It certainly looks like Aronofsky's most slick and mainstream work to date.Zo Kravitz, Regina King, Matt Smith, Liev Schreiber, Vincent D'Onofrio, and Bad Bunny also star."The Long Walk" (September 12)David Jonsson and Mark Hamill star in "The Long Walk." Ethan Miller/Getty Images Based on Stephen King's novel and directed by Francis Lawrence ("The Hunger Games"), this thriller set in a dystopian future showcases a group of young people who take part in a walking contest. If you ever stop, you are killed on the spot. The contest goes on until there's only one person left walking.The movie stars David Jonsson ("Alien: Romulus"), Cooper Hoffman ("Licorice Pizza"), and Mark Hamill as the villainous major who oversees the contest."Zootopia 2" (November 26)Judy Hopps and Nick Wilde return in "Zootopia 2." Disney Nine years after Judy Hopps and Nick Wilde made "Zootopia" a box office sensation, the pair of detectives are in a relationship slump and are going to partner therapy. Hilarity ensues as they try to work out their problems.Ginnifer Goodwin and Jason Bateman return to voice the lead characters. New characters include Quinta Brunson as their therapist and Ke Huy Quan as a mysterious snake."Wicked: For Good" (November 21)Cynthia Erivo and Ariana Grande return in "Wicked: For Good." Universal In the trailer teasing the film's thrilling conclusion, Elphaba (Cynthia Erivo), now an enemy of the state, strengthens her powers by studying the Grimmerie, while Glinda (Ariana Grande) is taken under the wing of the Wizard (Jeff Goldblum) and Madame Morrible (Michelle Yeoh).Before footage was shown onstage, director Jon M. Chu teased that "For Good" will "take us past" when Dorothy Gale shows up on the yellow brick road."The Running Man" (November 7)Glen Powell, director Edgar Wright, Colman Domingo, and Josh Brolin presenting "The Running Man" footage at CinemaCon. Gabe Ginsberg/WireImage/Getty Just weeks after wrapping production on "The Running Man," director Edgar Wright and stars Glen Powell, Colman Domingo, and Josh Brolin presented footage from the movie to the CinemaCon crowd.Another work based on a Stephen King novel, many know the title from the beloved 1987 release starring Arnold Schwarzenegger. Expect a very different adaptation this time around.Showcasing more gore, comedy, and inventive camera work from Wright, this telling of the story in which Powell stars as Ben Richards, who is racing to save his life by surviving "The Running Man" game show feels very different from the one Arnold was in.Avatar: Fire and Ash (December 19)"Avatar: Fire and Ash." 20th Century Studios James Cameron takes us from water to fire. Where the previous release in the acclaimed "Avatar" franchise, "The Way of Water," showed how Jake Sully (Sam Worthington) and his family made friends with the ocean-friendly Metkayina clan, it looks like in "Fire and Ash" they will not get the same reception.In the footage shown, the Ash tribe are menacing warriors who shoot arrows with fire. Nothing seems peaceful in this chapter of the franchise, and the terrain is rocky and full of volcanoes. And then there's Quaritch (Stephen Lang) still hot on Jake's tail.The SpongeBob Movie: Search for SquarePants (December 19)"The SpongeBob Movie: Search for SquarePants." Paramount Pictures Released on the same day as the new "Avatar" is something for the kids.SpongeBob returns to the big screen, and he's a big boy now. Well, a little taller. And being "bigger" makes SpongeBob want to set out on a voyage at sea. The trouble is, he crosses paths with the most evil pirate to sail the seas, the Flying Dutchman (voiced by Mark Hamill). Expect lots of laughs."The Housemaid" (December 25)Amanda Seyfried, Paul Feig, and Sydney Sweeney. Ethan Miller/Getty Images Directed by Paul Feig ("Bridesmaids," "A Simple Favor") and based on Freida McFadden's best-selling novel, "The Housemaid" has assembled an impressive cast to bring this popular psychological thriller about a housemaid who lives with a wealthy family to the big screen.Sydney Sweeney plays the housemaid Millie, Amanda Seyfried stars as Nina, and Brandon Sklenar plays Andrew. Now let the games begin."Project Hail Mary" (March 2026)Ryan Gosling presenting footage of "Project Hail Mary." VALERIE MACON/AFP/GETTY Amazon MGM Studios proved audiences will have more to look forward to than James Bond in the coming years by wowing CinemaCon with footage from this sci-fi movie.Based on the novel by Andy Weir ("The Martian"), Ryan Gosling plays a teacher who finds himself recruited to go into space and save the world. Along the way he finds an alien to help him out.Marking the first directing effort by Phil Lord and Christopher Miller since 2014's "22 Jump Street," the trailer got one of the loudest reactions at this year's CinemaCon thanks to its clever premise and Gosling's light-hearted touch as a regular guy doing extraordinary things.

It was a big week for the global economy and for gamers.On Wednesday, President Donald Trump unveiled sweeping tariffs that have sent markets spiraling worldwide. On the same day, Nintendo also announced its much-anticipated handheld gaming console, the Switch 2. It would be priced at $450, or $500 for a bundle including the latest Mario Kart game, the company said. Preorders on the Nintendo website would open in early May to only the most dedicated users of the first-generation Switch, with a June 5 release date. By Friday, however, Nintendo had scrapped those plans. The company said in a statement that it needed to assess the potential impact of tariffs and evolving market conditions, leaving open the possibility of a price hike and delaying the preorder date. More than 46 million Switch consoles have been sold in the US as of November 30, 2024, and the backlash has been swift. Gamers were already complaining about how expensive the Switch 2 was before the possibility of a price hike. By Friday, some suggested in a Discord chat for Switch users that they might go across the border to Canada to avoid even higher US prices for the next-generation system. Ultimately, the Switch 2 is a luxury item. It shouldnt be anyones first priority, given that Trumps tariffs are expected to increase prices even for basic necessities and upend global supply chains broadly. However, its an example of how Trumps tariffs are wreaking havoc in an economy where Americans are accustomed to relatively low prices for imported goods, especially consumer electronics. Its a pricing issue that is a direct response to the tariffs, said Shihoko Goto, a senior fellow at the Mansfield Foundation specializing in trade and economic interests across the Indo-Pacific. This is just one example of one product from one company being hit by tariffs, and were going to see price increases all across the board.Why Nintendo might increase its pricesNintendo, a Japanese company, took preemptive steps to avoid tariffs during the first Trump administration. In 2019, it started moving some of its Switch production from China to Vietnam as the US imposed tariffs on Chinese imports. Now, the US is effectively punishing companies like Nintendo that took Trumps incentives to leave China for friendlier partners like Vietnam, which is a large producer of consumer electronics, shoes, and clothes. Vietnam was hit with 46 percent tariffs, one of the highest rates on the schedule that the White House unveiled Wednesday. Thats because Trump has sought to target Vietnam and other countries that have a high trade surplus with the US, believing that theyre cheating America. However, he ignores the reason why Vietnam has a trade surplus with the US: It is relatively poor and cannot afford to buy many American-made goods.Trade analysts have also argued that Vietnams exports benefit both the country itself and its trading partners. At a lower cost, it has produced high-demand goods that were traditionally made in China. One of the reasons why we can have fairly affordable shoes and textiles is because they are imported from places in South and Southeast Asia, Goto said.In slapping tariffs on goods from Vietnam and other manufacturing hubs, the cost of producing and exporting goods to the American market will go up. Companies like Nintendo are expected to pass that on to the consumer in the form of higher prices. As a result, consumers may ultimately decide they can no longer afford optional goods like the Switch 2.Theres going to be a lot of belt tightening on optional consumer goods, especially on consumer electronics, Goto said.Why the onshoring promised probably wont happenTrumps plan is that, in the long run, companies will want access to the American market and move their production to the US, reviving domestic manufacturing. However, that doesnt seem likely to occur in many industries, including consumer electronics. Daniel Ahmad, a gaming industry analyst, posted on X that Nintendo would need to spend billions to open a factory in the US. Getting a factory up and running would likely take four to five years, by which time there could be another US president who rolls back the tariffs. But if they remain in place, source components for the Switch, such as GPUs, are made outside the US and are subject to tariffs, leading to increased costs. Labor costs would also be as much as 15 times higher in the US than in Vietnam. Add all that up, and the cost of the Switch becomes much higher than $450. Americans arent likely to accept those kinds of price increases, especially given that they were already struggling to keep up with higher prices post-pandemic.We want high-quality, low-cost goods, and its going to be difficult to make that in the United States, Goto said.See More:

On any list of best Black Mirror episodes to date, season fours USS Callister hovers near the top, with many fans and critics calling it their favorite of all time. Part Star Trek homage, part virtual-reality nightmare, part deliciously executed revenge scheme, USS Callister also made a mark with its special effects and standout performances. No wonder, then, its the first Black Mirror episode to get a sequelbut it wasnt always a smooth road to get there, something show creator Charlie Brooker spoke about in a new interview. With season seven, which includes the much-anticipated USS Callister: Into Infinity, arriving next week, Brooker talked to Deadline about how it all came together. Apparently, he considered turning the original story into either a limited TV series of its ownor a feature film, after the episode made such a splash after debuting in 2017. Of all the stories weve done this one ended as though we were setting it up for the sequel, Brooker told the trade. It went through various guises but in the end we made it feature length within the season. It took so long getting it togetherwe had the pandemic, writers strike and then had to get everyones schedules lined up, and that was its own Rubiks cube on a unicycle. Fans will recall the original episode starred Cristin Milioti and Jesse Plemonsbut Plemons villainous character, Robert Daly, died at the end. Aside from Plemons and another character played by Michaela Coel, though, everyone else is back: Milioti (Nanette Cole), Jimmi Simpson (Walton), Billy Magnussen (Valdack), Milanka Brooks (Elena, who somehow has her blue alien skin again?), Osy Ikhile (Nate), and Paul G. Raymond (Dudani).The digital clones of their human characters, according to a Netflix synopsis, are now stranded in an infinite virtual universe, fighting for survival against 30 million players. It seems likely well also catch up with their real-life counterparts, too, and maybe see whats happened with the Infinity game now that Robert Daly is no longer oozing his toxicity into its programming, or swiping DNA around the office. Black Mirror season seven hits Netflix April 10. Want more io9 news? Check out when to expect the latest Marvel, Star Wars, and Star Trek releases, whats next for the DC Universe on film and TV, and everything you need to know about the future of Doctor Who.

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