The New York Times v. Microsoft and OpenAI

Common card · No. 223720

The New York Times Co. v. Microsoft Corp. et al. is a copyright infringement lawsuit filed by The New York Times (NYT) against Microsoft and OpenAI in December 2023. The lawsuit alleges that OpenAI trained its artificial intelligence (AI) models on NYT content without authorization and that OpenAI and Microsoft’s products can reproduce portions of copyrighted articles, which the Times states competed with its journalism. According to the Times, it is the first major news organization to sue OpenAI and Microsoft for alleged copyright infringements. OpenAI stated that it was surprised by the lawsuit and argued that its use of copyrighted materials to train AI models constitutes fair use under U.S. copyright law and that its products did not serve as a market substitution for the Times. In 2025, the presiding judge denied most of OpenAI's motions to dismiss, allowing the majority of the Times' claims to go forward.

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