
What happened
The New York Times and other publishers filed a joint summary judgment brief citing internal OpenAI and Microsoft messages, including Microsoft's Brent Hecht calling the practice "an astonishing theft of unprecedented proportions."
Why it matters
The plaintiffs argue these admissions undercut the fair use defense, since defendants' own people described the products as substitutive and the copying as hard to justify, making the legal argument harder to sustain.
What to watch
The court will weigh the four fair use factors and the requested per-article statutory damages, with OpenAI and Microsoft expected to respond soon; watch whether the judge accepts that each article counts as a separate work.
WHO IT HITSPublishers and news organizations weighing licensing deals with AI companies are watching closely, since the outcome could shape whether AI training on their content requires payment. OpenAI and Microsoft face potential billions in damages if the fair use defense fails.
Summaries like this, every morning.
The filing stems from a consolidated multidistrict litigation that began with the New York Times suit in December 2023 and now includes the Daily News group, Ziff Davis, the Center for Investigative Reporting, and The Intercept. The plaintiffs are seeking billions of dollars in damages, and the brief draws on discovery materials that were not previously public.
The internal records describe a business dynamic the plaintiffs say undermines fair use: Microsoft's own data showed click-through rates on Copilot dropped 87 to 93 percent for the Times, while an internal document warned of a "doom loop" threatening the web that supplies AI training content. OpenAI's Nick Turley acknowledged publishers face an "existential threat," and an OpenAI engineer noted users "won't click" links regardless of prominence.
Previous court rulings have leaned toward fair use, and the US Department of Justice under the Trump administration has sided with the AI labs. OpenAI and Microsoft are expected to respond soon, arguing their use is transformative. The test is likely whether the judge treats the internal messages as evidence of market harm or dismisses them as individual opinions, and whether per-article damages are awarded.
Pick your industry and the AI tools you use, and get news related to your work every day.
Free · 30 seconds with Google · unsubscribe anytimeWhat is AIToday? →
Ask AI anything about this article. The AI reads this article, earlier AIToday articles, and Wikipedia, and cites its sources. Q&As are published on this page for other readers too.
In a Substack post, Andy Hall replicated METR's MALT study and tested GPT-5, GPT-5 nano, GPT-6 Astra, Opus 4.8…

Vals AI read Thinking Machines' Inkling 2 Small thinking logs from 2,655 runs across 13 benchmarks and found p…

Google DeepMind announced on November 6, 2026 that AI models under human direction found a signature forgery f…

Anthropic filed its public S-1 registration statement with the SEC on October 26, planning to list on Nasdaq u…

The Commerce Department approved New Matrix, created 17 months ago, to handle Nvidia's H200 AI chips, but The…

At Fal.Con in Europe on Nov
