Google, OpenAI class actions allege companies use YouTube to train AI products

OpenAI, Google class action lawsuits overview:

• Who: Plaintiff David Millette filed class action lawsuits against Google LLC, OpenAI Inc. and related entities.
• Why: Millette claims that Google and OpenAI use YouTube videos to train their artificial intelligence products without the permission of the individuals who uploaded the videos.
• Where: The Google and OpenAI class action lawsuits were filed in California federal court.

Two new class action lawsuits allege that Google and OpenAI unlawfully use YouTube videos to train their artificial intelligence products without the consent of the individuals who uploaded the videos, Law360 reports.

David Millette filed the two separate class action lawsuits against Google LLC and OpenAI Inc. and their related entities. He claims Google and OpenAI train their large language model programs with unauthorized transcriptions of YouTube videos.

Google’s multimodal large language model program is called Gemini and OpenAI’s program is ChatGPT. These types of programs can process information in the form of photos, text and videos, the Google class action lawsuit explains. 

Millette claims Google and OpenAI are using YouTube video transcriptions to train their AI programs to imitate speech patterns when replying to user prompts.

“For years, YouTube has been a popular video sharing platform that allows content creators and users to upload and share videos with audiences worldwide,” Millette says in the Google class action and the OpenAI class action.

“However, unbeknownst to those who upload videos to YouTube, defendants have been covertly transcribing YouTube videos to create training datasets that defendants then use to train their AI products.”

Google, OpenAI class actions claim companies profit from unauthorized video use

Gemini and ChatGPT generate imitations of creative works and human speech based on the information used to train the programs, Millette alleges. By training them on YouTube videos without permission, they are competing with the video creators and taking their ideas and words, the Google and OpenAI class action lawsuits allege.

The Google and OpenAI class action lawsuits allege the companies have profited by training their AI products on the content of YouTube videos without permission. Millette asserts claims for unjust enrichment and violations of California’s Unfair Competition Law.

The proposed classes of the Google class action and OpenAI class action oth include anyone in the United States whose YouTube videos were transcribed and used to train the companies’ Gemini and ChatGPT AI products without their permission.

Google was recently hit with a similar class action lawsuit alleging the company trained its AI software with datasets containing copyrighted images.

What do you think about the allegations Google and OpenAI unlawfully use YouTube videos to train AI products without permission? Tell us your thoughts in the comments.

Millette is represented by L. Timothy Fisher, Joshua B. Glatt, Joseph I. Marchese and Julian C. Diamond of Bursor & Fisher PA.

The OpenAI and Google class action lawsuits are David Millette v. OpenAI Inc., et al., Case No. 3:24-cv-04710, and David Millette v. Google LLC, et al., Case No. 5:24-cv-04708, in the U.S. District Court for the Northern District of California.

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