DPCMO reached out to OpenAI long ago as we were curious to learn about the product, data, technology and the company as they use DPCMO repertoire to train ChatGPT. OpenAI informed us that they would not prioritise Denmark. The rule of law applies in Denmark, so we told OpenAI they had to prioritise Denmark, unfortunately without success. The Minister for Culture got involved and appointed a mediator. OpenAI declined to participate.
Denmark may be a small country, but the law applies equally – regardless of a company’s size or global reach. Big tech must respect national laws, and as such, DPCMO has a responsibility to act. Pursuing legal action is not a choice; it’s a necessity.
This case is fundamentally about protecting fair competition and fostering innovation. Market dominance should not grant any company the power to undermine rivals, exploit content creators, or distort democracy. No matter how big or powerful, no company is above the law.
In the case it is undisputed that:
– OpenAI has used DPCMO repertoire in its training
– OpenAI does not respect reservations in terms & conditions of a website
– OpenAI at least until “summer 2023” did not enable web publishers to express their preferences about the use of their content in AI
– the TDM exception in the DSM directive came into force in Denmark July 1, 2023
We look forward to starting this test case under the Danish EU Presidency with an EU programme stating in relation to copyright and AI that we need rules ensuring a fair, efficient market that encourages innovation, creativity, investment, and the creation of new content (page 33).
https://danish-presidency.consilium.europa.eu/en/programme-for-the-danish-eu-presidency/programme-of-the-danish-eu-presidency/