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Dive Overview:
The federal lawsuit alleges that Nvidia, which is focused on designing chips for AI, used YouTube creator David Millette’s videos to train its own AI. The lawsuit accuses Nvidia of “unjust enrichment and unfair competition” and seeks class action status to include other YouTube content creators who make similar claims..
NVIDIA was illegally “scraping” YouTube videos to train its Cosmos AI software, according to a complaint filed Wednesday in the U.S. District Court for the Northern District of California. Citing an Aug. 5 lawsuit, the complaint says NVIDIA was using software on a commercial server to download “approximately 80 years’ worth of video content per day” to evade YouTube detection. 404 Media Report.
“we “We respect the rights of all content creators and are confident that we are working in full compliance with the letter and spirit of the law,” NVIDIA said in a statement to Legal Dive on Friday.
Dive Insights:
of Nvidia lawsuit The lawsuit comes less than two weeks after Millett filed a similar lawsuit against OpenAI, which argues that GenAI’s underlying large-scale language models (LLMs) require vast amounts of data, typically sourced from the internet.
None of Millett’s lawsuits over the use of his YouTube videos have alleged copyright infringement by the defendants. Instead, he has accused tech companies of profiteering and business practices that, in Nvidia’s case, were “unfair, immoral, unethical, oppressive, immoral, or harmful to consumers,” according to the lawsuit.
Millett is seeking an injunction against the unauthorized use of his video, compensation and other damages.
Millett’s OpenAI lawsuit accuses the company of using “automated means,” including robots and programmed video scrapers, to steal more than 1 million hours of video from YouTube.
Nvidia was also hijacking videos from Netflix and other online sources, according to a report from 404 Media, which cited a former Nvidia employee on the condition of anonymity.
“A“Anyone should be free to learn facts and ideas from publicly available sources,” Nvidia said in a statement in response to the lawsuit. “The creation of new and innovative works is not only fair and just, but it is exactly what our legal system encourages.”
In April, the New York Times reported that Open AI A voice recognition tool called Whisper As the supply of online text dried up, they turned to transcribing audio from YouTube videos. According to Open AI’s complaint, these videos provide “one of the largest corpora of natural language data available for training and fine-tuning OpenAI language models.”
Nvidia’s shares have risen about 600% since the beginning of 2023, giving it a market capitalization of more than $3 trillion, making the chipmaker the Silicon Valley tech company most closely associated with the AI boom.
Millett is repped by Bursor & Fisher.
