Unprecedented Lawsuit Challenges OpenAI: Owner of Infinite Chimpanzees and Typewriters Alleges Business Model Infringement

Michael Barngrover
News You Can’t Use
5 min readJan 15, 2024
Bongo, a published author and established ghost writer, prepares to testify in court

Washington — The first witness took the stand in a legal battle that has left the tech world buzzing, the owner of an infinite number of chimpanzees and typewriters has filed a lawsuit against OpenAI, claiming that the organization’s ChatGPT product has infringed upon his unique business model. The lawsuit, which is making waves for its unusual premise, alleges that OpenAI’s artificial intelligence technology is encroaching on the content creation efforts of little-known publisher Walt Fodmru and his infinite army of typewriting chimpanzees.

Bongo, a three year old Chimpanzee with more than four dozen writing credits, took the stand this past Tuesday. The star witness of the plaintiff, Bongo made an empassioned series of vocalizations that left the jury and audiences in the courtroom visibly affected. While unintelligible to the majority of humans in the room, expert handlers of animals and writers agreed that Bongo’s testimony was an early success for the plaintiff’s case that the threat posed by ChatGPT risked harming not only traditional business interests but the wellfare and livelyhood of an infinite number of chimpanzees as well.

The Genesis of the Lawsuit:
At the heart of the lawsuit is a decades-old concept that involves an infinite number of chimpanzees banging away on an infinite number of typewriters with the theoretical aim of eventually reproducing the works of Shakespeare. Referenced as far back as 1913 by mathematician Émile Borel, what began as a theorem to express the effect of time and infinite in statistical mechanics inspired Fodmru’s father, Elias Fodmru,to build a content empire that spans Hollywood to newspapers across the globe. Now that business model is being challenged by well-financed challengers, like OpenAI, that, Fodmru and other experts claim directly infringes on their patented content creation methodology by digitally simulating it.

The plaintiff argues that OpenAI’s ChatGPT, a powerful language model that generates human-like text based on prompts, is essentially a digital version of his chimpanzee typewriting business. The lawsuit alleges that the AI platform is replicating and profiting from a concept that he claims to have pioneered.

Key Claims:

  1. Intellectual Property Infringement: The lawsuit contends that ChatGPT’s ability to generate coherent and creative text resembles the random and infinite nature of the chimpanzee typewriting experiment. The plaintiff argues that OpenAI has essentially digitalized and monetized a concept that he has spent years developing.
  2. Unfair Competition: The plaintiff claims that OpenAI’s ChatGPT has created unfair competition by providing a similar service without the need for an infinite number of chimpanzees and typewriters. This, according to the plaintiff, undermines the uniqueness and novelty of his business model.
  3. Commercial Exploitation: Alleging that OpenAI is commercially exploiting the chimpanzee typewriting concept without proper attribution, the lawsuit seeks damages for the perceived loss of revenue and market share.

OpenAI’s Response:
OpenAI has categorically denied the allegations, asserting that ChatGPT’s functionality is based on advanced machine learning algorithms and neural networks, fundamentally different from the hypothetical scenario involving infinite chimpanzees and typewriters. The organization contends that the lawsuit is based on a misunderstanding of the technology and its intended applications.

Legal Experts Weigh In:
Legal experts are divided on the merit of the lawsuit. Some argue that the chimpanzee typewriting concept is too abstract and theoretical to be considered a tangible business model, while others highlight the importance of protecting unique and innovative ideas, regardless of their unconventional nature. “Even when faced with a chimpanzee in a suit demonstrating his creative method of banging on the keys incessently for several minutes, it’s hard to connect that to what we see on the big screens, TikTok videos, or Instagram feeds. Chimp writing is just too boring and uninteresting a process to believe it’s worth defending. The jury spent much of the trial watching the real-time reaction videos of the trial on their phones.”

Ethics Experts Caught Out:
The lawsuit has also sparked a robust conversation among ethicists who are weighing the ethical implications of both the chimpanzee typewriting model and OpenAI’s ChatGPT. While some ethicists emphasize the importance of protecting intellectual property rights, even in unconventional scenarios, others are raising concerns about the historical exploitation of chimpanzees in the pursuit of such abstract experiments.

According to animal ethicist Judith Mayer, the intellectual property rights and contributions of chimpanzees have long been undervalued but that they had at least been credited anonymously in obscure places like film credits and in invisible ink on the margins of books. In the ChatGPT model, original authors typically receive no credit or attribution. “We may not know which of the infinite monkeys crafted the plots and memorable lines of culturally significant works like “Paul Blart 2” and “The Rise of Skywalker”, but audiences are at least aware that some number of monkeys somewhere at some point in time were responsible. We risk losing that special Hominini connection with works created by ChatGPT.”

Critics argue that the chimpanzee typewriting model, regardless of its whimsical nature, could be seen as ethically problematic. Unlike with bonobos, an infinite number of which are almost exclusively utilized in the production of social science publications and self-help books, the infinite number of chimpanzees banging away on typewriters conjures images of animals toiling endlessly for human entertainment without regard for their well-being. Ethicists contend that chimpanzees, as sentient beings, deserve ethical treatment and should not be subjected to experiments that may exploit their natural behaviors for human gain. Conversations about the trial on social media platforms have frequently referenced how Fodmru’s father came to possess an infinite number of chimpanzees and typewriters, speculating on dubious funding, sourcing, and breeding schemes in the early decades of the 20th century, when regulations around circuses and working conditions were less developed.

Ecologists Ambivalent:
One major stakeholder group that has yet to take a prominent stand on the case are ecologists and climate change activities, who have collectively observed that the ecological impact of training large data sets on incredibly large numbers of computers does not differ much from the carbon footprint of an infinite number of monkeys. The World Economic Forum’s most recent report on greenhouse emissions concludes that an infinite number of chimpanzees contribute less than 2% of global emissions, largely through faeces and flatulence.

Conclusion:
As the legal battle unfolds, it raises intriguing questions about the boundaries of intellectual property and the ever-evolving landscape of artificial intelligence. The case serves as a reminder that even the most eccentric and unconventional business models may find themselves at the center of legal scrutiny in the rapidly advancing world of technology. Only time will tell how the courts will navigate this unprecedented lawsuit and its implications for the future of AI innovation.

--

--

Michael Barngrover
News You Can’t Use

VR developer and designer in Istanbul, Turkey. Mentor and consultant for VR startups, corporations, and the XR-curious.