OpenAI has Little Legal Recourse against DeepSeek, Tech Law Experts Say
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OpenAI and the White House have actually accused DeepSeek of utilizing ChatGPT to inexpensively train its brand-new chatbot.
- Experts in tech law state OpenAI has little recourse under copyright and contract law.
- OpenAI's regards to usage may apply but are mainly unenforceable, they state.
This week, OpenAI and the White House accused DeepSeek of something akin to theft.

In a flurry of press statements, they said the Chinese upstart had actually bombarded OpenAI's chatbots with inquiries and hoovered up the resulting data trove to rapidly and cheaply train a design that's now nearly as excellent.

The Trump administration's leading AI czar said this training procedure, called "distilling," totaled up to copyright theft. OpenAI, meanwhile, told Business Insider and other outlets that it's examining whether "DeepSeek may have wrongly distilled our models."

OpenAI is not saying whether the company plans to pursue legal action, rather promising what a representative termed "aggressive, proactive countermeasures to protect our innovation."

But could it? Could it sue DeepSeek on "you stole our material" grounds, just like the grounds OpenAI was itself sued on in an ongoing copyright claim filed in 2023 by The New York City Times and other news outlets?

BI posed this concern to experts in innovation law, who said challenging DeepSeek in the courts would be an uphill struggle for OpenAI now that the content-appropriation shoe is on the other foot.

OpenAI would have a hard time showing a copyright or copyright claim, [classicrock.awardspace.biz](http://classicrock.awardspace.biz/index.php?PHPSESSID=48b2a51744416ce148b2b9e1ae75a01d&action=profile