HACKER Q&A
📣 graeme

Will Microsoft be liable for defamatory Bing statements?


Got access to new Bing, tried some chats. It got a few things factually wrong. Then I asked it about a minor business leader I knew who had a scandal.

The ai replied to the effect that:

“Yes, so and so had a scandal. They even had complaints filed with the better business bureau and the california bureau of consumer protection”

First part was accurate and sourced. Second part was invented out of whole cloth. The ai admitted as such when I pressed it.

But, isn’t that a false statement of fact and legally actionable? And it is Microsoft saying it.


  👤 vineyardmike Accepted Answer ✓
No one knows.

People thought this about general internet postings then 230 saved the companies. Governments seem a lot less likely to “help” the companies today though.

It’ll likely be decided similarly to copyrights: with messy and impactful trials. If the prompter owns a copyright, then you the searcher may end up responsible for the AIs statements (probs not though).


👤 swatcoder
That’s going to involve a series of court decisions that have yet to come.

Microsoft is a huge target and filing a suit while this has a lot of buzz is a big PR opportunity, so those court cases will start coming soon enough.

Clearly, Microsoft felt confident they could navigate whatever legal headaches and must believe that seizing this opportunity for Bing to outmaneuver Google was more valuable than whatever that might cost. What we can be sure they didn’t do is go in blind.


👤 smoldesu
Pretty much every EULA I've ever seen exempts the developer from liability from how the software is used. Is there reason to believe GPT is any different?

👤 TekMol
Here is a one-liner:

    while(1) console.log('abcdefghijklmnopqrstuvwxyz '[Math.floor(Math.random()*27)])
It will create all the same defamatory statements as Bing's algorithm does. Am I liable for those because I gave you this tool?

👤 hulitu
> Ask HN: Will Microsoft be liable for defamatory Bing statements?

Companies are never held liable.


👤 wodenokoto
> First part was accurate and sourced. Second part was invented out of whole cloth. The ai admitted as such when I pressed it.

Has anybody had success in getting ChatGPT to admit that true things it said was wrong?


👤 GoblinSlayer
See https://en.wikipedia.org/wiki/Mens_rea

Looks like a naive statement to me, not defamatory.


👤 WirelessGigabit
No, the same way that they dodge responsibility when you Google for Rufus and they show you an ad for a fake Rufus with a trojan.

👤 throwawaybutwhy
Are you in any way affiliated with Google?

👤 eshack94
Let me look into my crystal ball...

👤 LinkLink
The end of capitalism and the beginning of fascism is when an invention hasn't even been released to the public yet and people are asking "What if somebody doesn't like it?"

Fuck AI though ask an amish farmer how to update your antiquated jquery to angular and just realize how much happier than you he is.