Microsoft AI CEO claims content on open web is 'fair use' amid copyright controversies

Mustafa Suleyman, Microsoft’s AI head, controversially claimed that content published on the open web is "freeware" and can be freely copied and used, during an interview with CNBC’s Andrew Ross Sorkin.

Suleyman stated, "The social contract of that content since the ‘90s has been that it is fair use."

Microsoft and OpenAI are currently facing lawsuits alleging that they illegally use copyrighted online material to train AI models. Suleyman's remarks, however, clash with US copyright laws which automatically protect works once created, without requiring explicit application.

Fair use, according to legal standards, is determined by courts based on the nature, purpose, amount, and impact of the usage on the copyright owner, not by a general "social contract."

Suleyman acknowledged the role of robots.txt files, which websites use to instruct bots not to scrape their content, calling it a "grey area" likely to be clarified in courts. Despite this, OpenAI and other AI companies have reportedly ignored such directives.