Federal Judge Allows New York Times Lawsuit Against OpenAI and Microsoft to Proceed

In a significant legal development, a federal judge has ruled that the copyright infringement lawsuit filed by The New York Times against OpenAI and Microsoft can move forward. This decision marks a crucial moment in the ongoing debate over AI companies’ use of copyrighted material to train their language models.

Background of the Lawsuit

The New York Times initiated this legal action in December 2023, alleging that OpenAI and Microsoft had used millions of its articles without permission to train their AI models. This case highlights the growing tension between traditional media companies and AI developers over the use of copyrighted content in machine learning.

Key Allegations

  • Unauthorized use of paywalled content
  • Exploitation of journalistic work without compensation
  • Potential market substitution by AI-generated content

Judge’s Ruling and Its Implications

U.S. District Judge Sidney Stein denied motions from both OpenAI and Microsoft to dismiss the case. This decision allows The New York Times to pursue its claims of copyright infringement, setting the stage for a potentially landmark trial in the AI industry.

Significant Aspects of the Ruling

  • Direct infringement claims can proceed, even for conduct occurring more than three years before the complaint
  • Contributory copyright infringement claims were not dismissed
  • State and federal trademark dilution claims in related cases were allowed to continue

Broader Context: AI and Copyright Law

This case is part of a larger trend of legal challenges facing AI companies. It raises fundamental questions about the intersection of copyright law and artificial intelligence.

Similar Cases

In April 2024, eight other newspapers filed similar lawsuits against Microsoft and OpenAI, alleging unauthorized use of their content to train AI models. These cases collectively challenge the AI industry’s practices and could reshape how AI companies access and use copyrighted material.

Reactions from Both Sides

The ruling has elicited responses from both the plaintiffs and defendants, highlighting the high stakes involved in this legal battle.

“We appreciate the opportunity to present a jury with the facts about how OpenAI and Microsoft are profiting wildly from stealing the original content of newspapers across the country,” stated a representative from The New York Times.

OpenAI, in contrast, maintains its position that their use of publicly available data is grounded in fair use principles and supports innovation. This stance sets the stage for a complex legal argument about the nature of fair use in the age of AI.

Potential Impact on the AI Industry

The outcome of this case could have far-reaching implications for how AI companies develop and train their models. It may lead to:

  • New licensing agreements between AI companies and content creators
  • Changes in AI training methodologies to avoid copyright infringement
  • Potential restructuring of AI business models

What’s Next?

While no trial date has been set, Judge Stein indicated that a detailed opinion explaining the reasons for the ruling would be issued soon. This upcoming document is likely to provide crucial insights into the legal reasoning behind allowing the case to proceed.

As the AI industry continues to evolve rapidly, this case represents a critical juncture in determining the balance between technological innovation and the protection of intellectual property rights. The eventual outcome could set important precedents for future AI development and its interaction with copyrighted content.


This ruling marks just the beginning of what promises to be a closely watched legal battle. As AI technology continues to advance, the resolution of this case may well shape the future landscape of AI development and content creation.