OpenAI or Microsoft is anticipated to submit a motion to dismiss within the coming months, said Gardner.
“Realistically, companies would much rather agree, since litigation is expensive,” she added.
Deals, both big and small
Regardless, deals of all sizes are expected this year.
High-dollar deals usually ranging in eight-figure amounts will see publishers grant exclusivity or broad rights to a single AI model, said Gardner. Lower-dollar deals are more likely to be nonexclusive, allowing the data owner to preserve multiple options for commercializing the data across various products.
In the case of lower-dollar deals, publishers might explore extending agreements to involve multiple AI companies, rather than restricting themselves to a single one, ultimately retaining control over how broadly the licensee can use the data to train models.
However, if mandatory licensing becomes the norm, it could limit AI development to players with deep pockets that prefer publishers with premium data.
As a result, smaller publishers possessing lesser unique content will have little negotiating power over AI giants, according to Wurmser.
In the absence of a regulatory framework, publisher trade organizations will likely either press the government for regulatory support or create a collective bargaining situation, Wurmser noted.
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