OpenAI defends its AI models through the fair-use doctrine, but the company now faces the same defensive tactics from other organizations. General information indicates Chinese AI startup DeepSeek utilized OpenAI’s data to build its own model, leading to concerns about artificial intelligence intellectual property rights.
Bloomberg first disclosed how Microsoft and OpenAI performed investigations into DeepSeek following reports of data extraction through OpenAI’s API by Microsoft security personnel during fall 2018. White House AI czar David Sacks stated DeepSeek obtained knowledge from OpenAI’s models based on “substantial evidence” but provided no specific details about the situation.
The rapidly growing popularity of DeepSeek stands out because it operates with minimal funding and limited computing capabilities. The development of its chatbot system led to a test that showed incorrect identification of Microsoft as its creator despite the suspicions surrounding the project. The potential use of OpenAI outputs by DeepSeek to train its models could place the company in a legal zone similar to what OpenAI has already traversed.

OpenAI has maintained its defense of data usage practices since facing multiple copyright infringement accusations during the past few years. Vast information consumption by large language models happens through unauthorized access to copyrighted materials. Prominent authors Jonathan Franzen and Jodi Picoult, together with other writers, pursued legal action against OpenAI due to its use of copyrighted materials. The New York Times, together with other major publishers, filed legal complaints against OpenAI.
OpenAI supports its utilization of copyrighted materials by citing fair use principles since these AI models produce new data by interpreting learned patterns of information. DeepSeek’s operations seem to fit the same criteria that OpenAI uses to defend its own use of copyrighted content. Fair use standards continue to generate doubt among experts regarding artificial intelligence applications. OpenAI’s management of DeepSeek’s activities will probably define industry standards as legal battles escalate and authorities start closer inspection.