According to The Decoder's account, internal letters and sworn testimony weaken OpenAI and Microsoft's defense based on the doctrine of 'fair use' in AI training. The material cites sharp assessments of the practice from a Microsoft director and the head of ChatGPT at OpenAI.
One Microsoft representative called the practice the 'largest theft of labor in human history,' while the head of ChatGPT allegedly wrote that the company's products 'mostly replace existing products.' These formulations are presented by the source as part of internal correspondence and testimony.
If the account is accurate, such statements could complicate the companies' attempt to prove that using protected materials does not cause substantial harm to rights holders. This is an inference, not an established outcome of the case: the provided package contains no court materials, company positions, or the full text of the testimony.
editorial commentary
Why it matters
A likely consequence is increased scrutiny of how employee statements align with the companies' legal positions. The next verifiable signals will be primary court records, full transcripts of testimony, or official comments from OpenAI and Microsoft. The main uncertainty is the absence of such materials in the provided package.